In a bail application under the NDPS Act, Jharkhand High Court granted release to the accused who was named based on a co-accused confession despite the seizure of commercial quantities from that co-accused.
Directed to be released on bail by furnishing a bond of Rs. 25,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 2069 of 2023
----Wajid Khan @ Badshah @ Wajid Ali … …. Petitioner Versus The State of Jharkhand … …. Opp. Party -----
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----For the Petitioner : Mr. K.S. Nanda, Advocate For the State : Ms. Ruby Pandey, A.P.P. -----
Oral Order
03 / Dated : 21.06.2023
Heard learned counsel for the parties.
The petitioner named above has been made accused in connection with Ghaghra P.S. Case No. 89 of 2022 for the offence under Sections 27 (b) (ii) of Drugs and Cosmetics Act and Section 21 (c) of NDPS Act, pending in the court of Principal District & Sessions Judge, Gumla.
It is submitted by learned counsel for the petitioner that nothing has been seized from the petitioner and his name has come up only on the basis of confessional statement of the co-accused who has been granted on bail by this Court.
Learned counsel for the State has opposed the prayer for bail and submitted that the matter involves commercial quantity and the name of the petitioner is not in the FIR, but his name has figured in the confessional statement of co-accused from whom commercial quantity of cough syrup was seized.
Considering the facts and circumstances of the case, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned Court below.
(Gautam Kumar Choudhary, J . )
AKT
3 issues framed by the court
Whether to grant bail to the accused in a case under the NDPS Act where his name arose on a co-accused's confession.
Whether the commercial quantity of the contraband and the nature of the offence preclude bail for the petitioner.
Whether the petitioner should be released on bail by furnishing a bond and sureties.
Wajid Khan @ Badshah @ Wajid Ali
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
