Dismissed¶17

Akshay Kumar Alias Nanhe Kumar v. the State of Jharkhand

Jharkhand HC19 Sept 2024B.A./2746/2024

Case brief

AI extract

What is this about?

NDPS bail rejection; Section 37 NDPS Act mandate and trial stage; renewed bail after earlier withdrawal (B.A. No.7708 of 2023); Section 52(A)(4) compliance and sampling-delay argument by counsel; 433 kgs ganja recovery; Gumla P.S. Case No.71/2023 / NDPS Case No.13/2023; custody since 14.03.2023; Justice Rajesh Kumar; Jharkhand High Court; 19.09.2024; B.A. No. 2746 of 2024.

What did the court decide?

Considering the mandate of Section 37 of the NDPS Act and the stage of the trial, this court was not inclined to enlarge the applicant on bail at this stage; accordingly the applicant's renewed prayer for regular bail stands rejected. ¶17

Akshay Kumar Alias Nanhe Kumar Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 2746 of 2024

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....

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Akshay Kumar @ Nanhe Kumar, aged about 22 years, Son of Late Sheshnath @ Shesnag, Resident of Village-Baikunth Patti @ Sujatpur Tilanga Sant Ravidas Nagar Uttar Pradesh, PO+PS-Gyanpur, DistBhodohi, U.P. .…

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.… Petitioner

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Versus

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The State of Jharkhand .... Opposite Party

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.... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Avishek Prasad, Adv. For the State : Mr. Rajesh Kumar, A.P.P. ....

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10/19.09.2024

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Heard learned counsel for the parties.

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The applicant who is in custody since 14.03.2023 has renewed the prayer for grant of regular bail in connection with Gumla P.S. Case No.71/2023, corresponding to NDPS Case No.13/2023, registered for the offence under Section 279 of IPC and Sections 20(b) (ii) (C)/ 22(c) and 29 of the NDPS Act, pending in the court of learned Exclusive Special Judge-cum-Additional Sessions Judge-IV, Gumla.

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It appears that 433 kgs of ganja has been recovered.

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It has been submitted by learned counsel for the applicant(s) that complete set of F.I.R. alongwith its enclosure have been annexed with this bail application and there is no suppression on his/her part .

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Earlier the bail application of this applicant was dismissed as withdrawn vide order dated 13.09.2023 passed in B.A. No.7708 of 2023.

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Prayer for bail of the applicant has been renewed stating that the mandatory requirement of Section 52(A) (4) of the NDPS Act has not been followed and there is also delay in sampling. Since, sampling is doubtful and as such the entire initiation of proceeding itself is bad. The continuation of custody is also bad in law. On the above basis, prayer for bail has been renewed.

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Learned A.P.P. has opposed the prayer for bail of the applicant.

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Considering the mandate of Section 37 of the N.D.P.S. Act and the stage

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of the trial, I am not inclined to enlarge the applicant on bail, at this stage. Accordingly, prayer for bail of the applicant stands rejected.

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(Rajesh Kumar, J.)

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Shahid/ uploaded

Akshay Kumar Alias Nanhe Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Akshay Kumar Alias Nanhe Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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Coram

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