The petitioner challenged rejection of bail in a narcotics case involving poppy husk recovery. The court held that the delay in chemical examination did not cause prejudice. Bail prayer was rejected, and trial expedited.
Prayer for bail rejected; trial to be expedited.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7754 of 2022
Wakil Hussain @ Md. Bakil Hasan … … Petitioner - Versus -
The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For Petitioner : M/s. Randhir Kumar, Advocate M/s. J. S. Singh, Advocate For the State : M/s. V. K. Vashistha, Spl.P.P
08/09.12.2022 Heard the Parties.
Petitioner has been made an accused in connection with Balumath P.S. Case No. 178/2021, corresponding to N.D.P.S. Case No. 15/2021, registered under Sections 15(c)/ 18(b)/ 22(c) of the N.D.P.S. Act, 1985, pending in the Court of learned Special Judge, (N.D.P.S.), Latehar.
Petitioner happens to be driver of a truck bearing registration no. UP-76K-7033 from which 30 packets of poppy husks weighing about 594 kgs were recovered.
Mr. J. S. Singh, learned lawyer appearing on behalf of the petitioner submitted that there was delay of three months in forwarding the samples of poppy husk for chemical examination which makes the whole prosecution case doubtful.
The quantum of recovered contraband comes within the purview of Commercial quantity. There is nothing to show that delay in forwarding the sample of seized Poppy husks for chemical examination has caused prejudice to the case of the petitioner. Charge has already been framed in this case
Regard being had to the facts and circumstance of the case; I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail stands rejected.
Learned court below shall expedite the trial.
(Ambuj Nath, J.)
Saurabh
1 issue framed by the court
Whether bail should be granted to the petitioner despite a delay of three months in forwarding samples for chemical examination.
1 provisions across 1 enactments
Wakil Hussain @ Md. Bakil Hasan
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
