Dismissed¶16

Sarwan Kumar Alias Shrawan Kumar v. the State of Jharkhand

Jharkhand HC3 Sept 2024B.A./2686/2024

Case brief

AI extract

What is this about?

Bail application under NDPS Act; Sections 17(C), 22, 25, 29 and 37 NDPS Act; recovery of 8 Kg. 200 grams opium from petitioner's house (cooler, yellow bag); conscious possession inferred from presence at spot; defence of tenancy by Prem Kumar negatived via case diary paras 157 and 160; landlord-petitioner; N.D.P.S Case No. 03 of 2024 / Dhurwa (T.O.P. Tupudana) P.S. Case No.194/2023; pending A.J.C.-VI Ranchi; bail rejected; B.A. No.2686 of 2024; Subhash Chand, J.; 03.09.2024.

What did the court decide?

The plea that the petitioner was not in conscious possession because the house was given on rent to Prem Kumar does not assist him: case diary paragraphs 157 and 160 do not establish that on the date of occurrence the house was in the tenancy of Prem Kumar. ¶15

Sarwan Kumar Alias Shrawan Kumar Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.2686 of 2024

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Sarwan Kumar @ Shrawan Kumar, aged about 31 years, son of Pramod Kumar, resident of Village By Pass Road, Bairia Road, Near Goushala, PO Palamau, PS Sadar, District Palamau (Jharkhand). ..... … Petitioner

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Versus

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The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-----For the Petitioner : Mr. Indrajit Sinha, Advocate For the State : Mrs. Ruby Pandey, APP

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10/03.09.2024 Heard learned counsel for the applicant and learned A.P.P. for

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the State.

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This bail application has been filed on behalf of the applicant– Sarwan Kumar @ Shrawan Kumar with a prayer to release on bail in connection with N.D.P.S Case No. 03 of 2024 arising out of Dhurwa (T.O.P. Tupudana) P.S. Case No.194/2023 registered under Sections 17(C), 22, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, pending in the court of the learned A.J.C.-VI, Ranchi.

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As per allegations made in FIR, on 10.07.2023 at 10:00 PM informant alongwith police force was on patrolling. On 11.07.2023 when informant reached near Satrangi Market an information was received by him from SHO of Tupudana (O.P.) Police Station that Sarwan Kumar is having opium in his house. The raiding team reached to the house of petitioner and search was made. During search, a yellow bag was found inside the cooler in one of the room on which Kaveri Seed was written. Upon search of the bag, four polythene transparent bag and one green colour plastic containing substance like opium was found. The seized material was tested with drug deduction kit and it was found to be opium. On being weighed, it was 8 Kg. 200 grams.

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The petitioner was apprehended at the spot and in his presence 8 Kg. 200 gram Opium was recovered from the house admittedly of which the petitioner was landlord.

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So far as the submissions made by the learned counsel for the petitioner that the petitioner was not in conscious possession since the very

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house was given on rent to one Prem Kumar and this fact also came in para157 and 160 of case diary; but from these two paragraphs 157 and 160, this fact is not ascertained whether on the date of occurrence the same house was in tenancy of Prem Kumar. At the same being in tenancy of Prem Kumar, only presence of petitioner in the very house at the time of recovery of the alleged contraband opium shows that he was in conscious possession of the same.

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In view of the above more than prima facie case is made out against the petitioner under section 37 of N.D.P.S Act. Accordingly, the bail application of the applicant is hereby rejected.

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(Subhash Chand, J.)

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RKM

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Sarwan Kumar Alias Shrawan Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sarwan Kumar Alias Shrawan Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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