Bail sought by accused in NDPS case involving seizure of 996.5 kgs of cannabis from a truck; NCB alleged driver was in direct mobile contact with petitioner prior to interception and that he was accused in another NDPS seizure case. Bail prayer rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3289 of 2023
Nandalal Sah @ Nand Lal Sah … … Petitioner - Versus -
The Union of India through N.C.B.
... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For Petitioner : M/s. Indrajit Sinha, Advocate For the UOI : M/s. Anil Kumar, ASGI
13/12.01.2024 Heard the Parties.
Petitioner has been made an accused in connection with N.D.P.S. Case No. 32/2022, arising out of N.C.B. Crime No. 04/NCB/Ranchi/2022, for the offence under Sections 08(C) r/w Sections 20(b) (ii) (C)/ 25/ 29 of the N.D.P.S. Act, pending in the Court of learned Judicial Commissioner, Ranchi.
On 16.07.2022 on the basis of confidential information and N.C.B., Ranchi, intercepted a Tata L.P.T. 2515 T.C. truck bearing registration number JH-02-J-3432 from Munda Masna Chowk, Ring-Road, Simalia and on search 996.5 kgs of cannabis were found loaded on the truck.
The driver of the truck Akhilesh Yadav was apprehended. He confessed that the seized contraband was going to be delivered to this petitioner.
Learned lawyer appearing on behalf of the petitioner submitted that apart from the confession of the co-accused, there is no other material against petitioner on the record. Accordingly, it was prayed that the petitioner be released on bail.
Mr. Anil. Kumar, learned ASGI appearing on behalf of the Union of India through N.C.B., has drawn the attention of this court towards paragraph 21 of his counter affidavit in which it has been mentioned that the driver of the seized truck Akhilesh Yadav was directly in touch with the petitioner on his mobile just prior to the interception of the truck.
It was further submitted that petitioner is an accused in another case under NDPS Act being case no. 10 of 2020 dated 19.12.2020 in which 743.5 kgs of cannabis was seized and the petitioner was the loader and his financer of the seized cannabis.
Regard being had to the facts and circumstance of the case and considering the materials available on the record; I am not inclined to enlarge the petitioner on bai. Accordingly, his prayer for bail is hereby rejected.
(Ambuj Nath, J.)
Saurabh
uploaded
1 issue framed by the court
Whether the petitioner should be enlarged on bail in an NDPS case based on co-accused confession and mobile contact evidence.
1 provisions across 1 enactments
Nandalal Sah @ Nand Lal Sah
The Union of India through N.C.B.
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
