Bail application under NDPS Act after 100 kgs of cannabis (commercial quantity) was seized from a vehicle the accused was travelling in; bail earlier rejected. Court declined bail citing commercial quantity recovery but directed expeditious trial.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4047 of 2024
Salman Khan, S/o Roja Din, R/o Village Lahtan P.O.& P.S. Agalwan Bazar, District, Bhojpur (Ara), Bihar
… … Petitioner
Union of India through N.C.B. ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For the Petitioner : M/s. A. K. Chaturvedy, Advocate For the UOI : M/s. Anil Kumar ASGI
05/02.08.2024 Heard the Parties.
Petitioner has been made accused in connection with N.D.P.S. Case No. 13/2023 arising out of N.C.B. Crime No. 05/NCB/Ranchi/2023 for the offences registered under sections 8(c) read with sections 20 (b) (ii) (c)/25 and 29 of N.D.P.S. Act, 1985, charge has been framed under sections 20/29 of the N.D.P.S. Act, pending in the court of Sri Santosh Kumar No. II, learned Sessions Judge under N.D.P.S. Act, Palamau at Daltonganj.
Bail application of the petitioner was earlier rejected by this court in B.A. No. 10228 of 2023 vide order dated 19.12.2023.
On 13.07.2023, N.C.B., Ranchi intercepted an Innova vehicle bearing registration no. JH-10DZ-7167 from a place near Dubiya Khand, Palamau. Petitioner and co-accused persons were travelling on the seized vehicle. On search, 100 kgs. of cannabis were recovered from the possession of the petitioner.
It was submitted that the seized quantity of cannabis comes with the purview of commercial quantity. It was further submitted that the petitioner has remained in custody for about one year.
Regard being had to the facts and circumstance of the case and considering the fact that commercial quantity of cannabis was recovered from the vehicle on which the petitioner was travelling; I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is hereby rejected.
Learned court below shall expedite the trial.
Saurabh
uploaded
1 issue framed by the court
Whether the petitioner should be enlarged on bail in an NDPS case involving commercial quantity of cannabis recovered from the vehicle he was travelling in.
2 provisions across 2 enactments
Salman Khan
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
