In a bail application under the NDPS Act, the High Court of Jharkhand directed the release of the accused petitioner on furnishing a bond and sureties, subject to conditions regarding presence in court and cooperation during trial.
Released on bail of Rs. 10,000 with two sureties of like amount, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 89 of 2022
Praveen Kumar …… Petitioner Versus The State of Jharkhand …… Opposite Party -----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
….. For the Petitioner : Mr. Prabhat Kr. Sinha, Advocate For the State : Mr. Ravi Prakash, Spl.P.P.
…. .
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
02/04.02.2022 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with Simariya P. S. Case No. 144 of 2021 registered under Sections 20 of NDPS Act.
It is submitted that the petitioner is innocent. It is submitted that the petitioner has been implicated by the police by alleging to be seized 10 plants of Hemp (Ganja) from the small piece of land of the petitioner measuring 01 Katha during midnight of around 1.30 A.M. in the midnight also. It is submitted that the petitioner is a poor farmer-cum-labour and is the only bread earner of his family. It is submitted that the seizure list does not bears signature of any independent persons as both witnesses are police personnel while place of occurrence is very densely populated area. It is submitted that the prosecution has not complied with the procedure of NDPS Act and no photography was made to show presence of hemp plants in the field of the petitioner. It is submitted that the petitioner was arrested from his house while he was sleeping showing him to be present in the field for protecting the plants. It is submitted that the petitioner is in custody since 12.11.2021 and hence he may be enlarged on bail.
Learned A.P.P has opposed the prayer for bail and has
submitted that 10 plants of Hemp (Ganja) has been seized from the land of the petitioner measuring 01 Katha and as such, his bail application is fit to be rejected.
Perused the FIR and the impugned order passed by the learned Court below.
Considering the facts and in the circumstances of this case, the petitioner namely Praveen Kumar is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge-cum-Special Judge, N.D.P.S. Act, Chatra in connection with Simariya P. S. Case No. 144 of 2021 subject to the condition that one of the bailors must be own relative of the petitioner and the petitioner must be present on the date of framing of charge and co-operate during trial and shall remain present before the learned Court below as and when required.
(Sanjay Prasad, J.)
Kamlesh/
1 issue framed by the court
Whether the petitioner charged under Sections 20 of NDPS Act be released on bail.
1 provisions across 1 enactments
Praveen Kumar
The State of Jharkhand
Sanjay Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
