The High Court of Jharkhand enlarged the petitioner on bail in a Narcotics Drugs and Psychotropic Substances Act case involving recovery of small quantity of brown sugar, directing him to execute a bond and abide by standard conditions.
Petitioner directed to be released on bail furnishing a bond of Rs. 30,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5182 of 2022
Md. Adnan …… Petitioner
Versus
The State of Jharkhand ……Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Randhir Kumar, Advocate For the State : Mr. Satish Prasad, A.P.P.
Order No.07/ Dated:04.08.2022
Heard learned counsel for the parties.
The petitioner has been made an accused in connection with Katkamsandi (Pelawal) P.S. Case No. 29 of 2022, registered for the offence under Section 21(b), 21(c), 22(b), 22(c) of Narcotics Drugs and Psychotropic Substances Act, 1985, pending in the court of learned Sessions Judge-Cum-Special Judge (N.D.P.S), Hazaribag.
As per F.I.R. allegation is that on 21.02.2022 at about 9.15 A.M. during raid present petitioner along with one Md. Abu Ubaida were intercepted by the police and on search 5 gram brown sugar was also recovered from the possession of the petitioner. It is alleged that present petitioner and other co-accused confessed their involvement in selling the brown sugar and by weighing the seized material at a jewelry shop found out to be six gram. One gram was kept in a transparent bottle for sending to FSL for testing.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all as alleged in the F.I.R. It is further submitted that the alleged seized counter band case fall within the
small quantity. The petitioner is languishing in Judicial custody since 22.02.2022 without rhymes and reasons Petitioner undertakes to cooperate in the trial of the case by remaining physically present on each and every date and shall not indulge in any manner in influencing the prosecution witnesses, hence, the petitioner may be enlarged on bail.
Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner but admits that small quantity of brown sugar has been recovered from the possession of the petitioner.
Considering the facts and circumstances of the case and nature of allegation against the petitioner coupled with materials available against petitioner, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing of bail bond of Rs. 30,000/-(Rupees Thirty Thousand) with two sureties of the like amount each, to the satisfaction of learned Sessions Judge-CumSpecial Judge (N.D.P.S), Hazaribag in connection with Katkamsandi (Pelawal) P.S. Case No. 29 of 2022 subject to the condition that:-
(Pradeep Kumar Srivastava, J.)
R.K.
2 issues framed by the court
Whether the petitioner, charged with possession of brown sugar under the NDPS Act, should be granted bail pending trial.
Whether the quantity of seized narcotics falls within the small quantity category justifying bail.
1 provisions across 1 enactments
Md. Adnan
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
