The Single Judge allowed a bail application filed by two accused persons charged under the NDPS Act. The court released them on bail upon furnishing a bond of Rs. 20,000 each with two sureties.
Released on bail on furnishing bail bond of Rs. 20,000 each with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.9747 of 2021
1.Pandeya Hassa Purty 2.Bango Purty ..... … Petitioners Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioners : Mr. Amit Kumar, Advocate For the State : Mr. Ravi Prakash, Spl. P.P. --------
06/06.01.2022 Heard learned counsel for the applicants and learned Spl. 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 Murhu P.S. Case No.38 of 2021 registered under Sections 18/25 of the N.D.P.S. Act pending in the court of learned Special Judge, NDPS, Khunti.
Learned counsel for the applicants has submitted that the F.I.R. of this case was lodged against the aforementioned applicants with the allegations that the while patrolling, the police party intercepted the two accused persons riding on motorcycle and on being apprehended from the possession of applicant no.1 600 grams of pasti opium was recovered and from the possession of the applicant no.2 Rs.1 lac in cash was recovered.
Learned counsel for the applicant has submitted that the alleged opium was not recovered from the conscious possession of the applicant no.1 and the same has been falsely planted and no contraband was recovered from the possession of the applicant no.2. The alleged recovered cash amount of Rs.1 lac had no concern with the contraband, as the same was not the sale proceed of the contraband. There is no independent witness of the seizure memo.
Learned Spl. P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicants.
In view of the submissions made and materials on record, the bail application of the applicants is hereby allowed. Let the applicants be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) each with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.)
Tarun/Rohit
1 issue framed by the court
Whether the bail application filed by the accused in a case under the NDPS Act for alleged possession of opium deserves allowance.
1 provisions across 1 enactments
Pandeya Hassa Purty
Bango Purty
The State of Jharkhand
Subhas Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
