High Court of Jharkhand rejected bail application of two accused charged with narcotics offences under the N.D.P.S. Act, holding that the quantity of poppy straw recovered indicated a likely commission and repetition of the crime.
Bail application of the applicants rejected; they remained in custody.
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.931 of 2022
1.Ramchandra
2.Shaitan Ram @ Hatram ..... … Petitioners
Versus The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-----For the Petitioners : Mr. Rupesh Singh, Advocate For the State : Mrs. Nehala Sharmin, A.P.P.
04/09.05.2022 Heard learned counsel for the applicants and learned A.P.P. for
the State.
This bail application has been filed on behalf of the abovenamed applicants with prayer to release on bail in connection with Lawalong P.S. Case No.49 of 2021 registered under Sections 15(c) and 18 of the N.D.P.S. Act pending in the court of learned Sessions Judge-cumSpecial Judge (N.D.P.S.), Chatra.
Learned counsel for the applicants has submitted that the F.I.R. of this case was lodged against two named accused including the applicants and two unknown persons with these allegations that informant along with police force intercepted a truck and two persons were apprehended, who were identified as Ramchandra and Shaitan Ram. On being searched, 67 plastic sacks of poppy straw weighing to 1311.7 k.g. was recovered.
Learned counsel for the applicant has submitted that the applicants are innocent and the alleged recovery has been planted. There is no independent witness of the public and the sample of the alleged contraband was sent belated for examination. The investigation was not conducted in proper and fair manner. The applicants have been languishing in jail since 28th August, 2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicants and contended that both the applicants were apprehended at the spot. The huge quantity of poppy straw weighing to 1311.7 k.g. was recovered which was much above the commercial quantity. It is further submitted that the samples were taken from all the 67 sacks which was sent to SFSL and as per the report of the SFSL, the same were confirmed to be poppy straw.
-2-
In view of the submissions made and materials on record as well as keeping in view the Section 37 of the N.D.P.S. Act, there are reasonable ground to believe that the applicants have committed the alleged offence and are likely to commit the same, if enlarged on bail. Accordingly, the bail application of the applicants is, hereby, rejected.
(Subhash Chand, J.)
Rohit
2 issues framed by the court
Whether bail should be granted to the applicants charged with offences under the N.D.P.S. Act given the quantity of contraband recovered and the risk of further offence.
Whether the delay in sample examination or alleged lack of independent witnesses vitiates the investigation sufficiently to warrant bail.
1 provisions across 1 enactments
Ramchandra
Shaitan Ram @ Hatram
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
