The High Court of Jharkhand rejected the petitioner's prayer for anticipatory bail in an NDPS case involving poppy husk. The Bench relied on a Supreme Court precedent to deny relief.
Prayer for anticipatory bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1448 of 2023
Bandhu Chutiya Purti … … Petitioner - Versus - The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For the Petitioner : Mr. Vishal Kumar Rai, Advocate For the State : Mr. Ravi Prakash, Spl.P.P. ----
04/11.04.2023
Heard the parties.
Petitioner is apprehending his arrest in connection with Maranghada P.S. Case No. 11 of 2020, corresponding to N.D.P.S. Case No.21/2020, for the offence registered under Sections 15 (c)/25 of the N.D.P.S. Act, pending in the court of Sri Sanjay Kumar No.-II, learned D.A.S.J.-I, Khunti.
It is alleged that on 02.05.2020, the Officer In-charge, Maranghada police station seized the truck bearing registration No.RJ-27-GA-6271, loaded with 1851 Kgs. of poppy husk. Three persons including the driver were apprehended at the spot while the other accused person has managed to escape.
It was submitted that name of the petitioner has come on the basis of confessional statement of co-accused persons, who were arrested at the spot.
It is alleged that petitioner was traveling on the said truck but he managed to escape. Huge quantity of poppy husks were recovered from the truck.
Learned Spl. P.P. has opposed the prayer for bail and submitted that the Hon'ble Supreme Court in the case of the State of Haryana Vs. Samarth Kumar as reported in 2022 LiveLaw (SC) 622 , has held that in cases of this nature, grant of anticipatory bail may not be considered.
Considering the aforesaid facts, I am not inclined to enlarge the petitioner on Anticipatory Bail, hence the prayer for Anticipatory Bail of the petitioner stands rejected.
(Ambuj Nath, J.)
Jay/-
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a case involving large quantity of poppy husk.
Whether the Supreme Court precedent State of Haryana Vs. Samarth Kumar precludes grant of anticipatory bail in similar circumstances.
Colour shows how this judgement treated each authority
State of Haryana Vs. Samarth KumarReferred¶12
State of Haryana Vs. Samarth Kumar as reported in 2022 LiveLaw (SC) 622
Bandhu Chutiya Purti
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
