In High Court of Jharkhand, Single Judge allowed bail application filed by Baleshwar Ganjhu in connection with NDPS case. Court noted no incriminating article recovered from applicant despite accused in FIR.
Bail application allowed; release on bail upon furnishing bond of Rs.25,000/ with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.584 of 2022
Baleshwar Ganjhu @ Kardhani Ganjhu ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party --------
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Mr. Ravi Prakash, Spl. P.P. --------
03/06.05.2022 Heard learned counsel for the applicant and learned Spl. P.P. for the
State.
This bail application has been filed on behalf of the abovenamed applicant with prayer to release on bail in connection with Kunda P.S. Case No.04 of 2016 registered under Section 18 of the N.D.P.S. Act pending in the court of learned Sessions Judge-cum-Special Judge (NDPS), Chatra.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the police officer against 14 named accused including the applicant and 10 to 15 unknown persons with these allegations that the informant had received a secret information that illegal cultivation of opium plants were being done on the forest land as well as raiyati land. Accordingly, the raid was conducted and the crops which were standing thereon were destroyed, after having taken some of the plants for sampling.
Learned counsel for the applicant has submitted that though the name of the applicant figured in the F.I.R., yet nothing incriminating article was recovered from his possession. The name of the applicant transpired in the F.I.R. on account of village rivalry. There is no other cogent evidence against the applicant that cultivation of opium plants were being done by him over the alleged land. The applicant has been languishing in jail since 17th December, 2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the plants which were sent to SFSL for examination, were confirmed to be opium.
In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.)
Rohit
1 issue framed by the court
Whether the bail application under Section 18 of the NDPS Act should be allowed.
1 provisions across 1 enactments
BALESHWAR GANJHU @ KARDHANI GANJHU
THE STATE OF JHARKHAND
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
