Allowed

Rajdeep Singh v. the State of Jharkhand

Jharkhand HC22 Jun 2023B.A./2983/2023

Case brief

AI extract

What is this about?

The petitioner driver was granted bail in a case involving large seizure of ganja from vehicles he and two other passengers were in. Bail was denied to the two passengers due to the commercial quantity of drugs and lack of plausible explanation.

What did the court decide?

Bail granted to Petitioner No.1 with a bond of Rs. 50,000 and two sureties; Bail applications for Petitioner Nos.2 and 3 were rejected.

Rajdeep Singh Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B. A. No. 2983 of 2023

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1.Rajdeep Singh 2.Mansa Ram Das 3.Mihir Kumar Ghosh. .... .. ... Petitioner(s) Versus The State of Jharkhand. .. ... ...Opp. Party(s)

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........... CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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......... For the Petitioners : Mr. A. K. Kashyap, Sr. Advocate Mr. Anurag Kashyap, Advocate For the State : Mr. Ravi Prakash, SPP

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04/ 22.06.2023 . Petitioner above-named who is in custody since 22.01.2023 has moved

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this Court for grant of regular bail in connection with Bahragora P.S. Case No.04 of 2023 registered under Sections 20/ 22 of the NDPS Act.

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Heard the parties.

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As per the case of prosecution, it is alleged that about 40 Kg. Ganja was seized from a Swift Car bearing Registration No.JH05BC 2474 and 37 Kg. of ganja was seized from another vehicle bearing Registration No.JH05DG 2073. There were three occupants in the Swift Car and four in the another vehicle.

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It is submitted by learned Senior counsel for the petitioner that petitioner No.1 being driver of the Swift car vehicle had no concern with the consignment of contraband and the said car belongs to one Pranay Panda. It is submitted that petitioner nos.2 and 3 were passengers in the said Swift Car and they have no criminal antecedent.

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Learned SPP for the State has vehemently opposed the prayer. It is submitted that the matter involves trafficking of huge quantity of cannabis by inter-State pedlars in which huge quantity i.e. about 77 Kg. was seized from both the vehicles by Bahragora Police Station. It is submitted that Section 37 of the NDPS Act will apply in view of the fact that seized cannabis is of commercial quantity and there is are reasonable grounds for believing that the petitioners were guilty of offence. It is submitted that prayer for bail of similarly situated co-accused persons has already been rejected by this Court.

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Having considered the submissions of both the sides and considering the fact that Petitioner no.1 was driver of the vehicle, his petition for bail is allowed. Accordingly, the petitioner No.1 named above shall be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand ) with two sureties of the like amount each to the satisfaction of learned Court below

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subject to the condition that one of the bailor(s) must be close relatives of the petitioner and that he shall not commit an offence, similar to the offence of which he is accused in the present case.

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However, considering the commercial quantity and no plausible explanation advanced regarding huge quantity of cannabis seized, I am not inclined to enlarge the petitioner no.2 and 3 on regular bail and accordingly, prayer made by them is rejected.

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( Gautam Kumar Choudhary, J. )

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Sandeep/Uploaded.

Rajdeep Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajdeep Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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