Buland Akhtar Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5769 of 2024

Buland Akhtar, aged about 44 years, son of Late Adil Hussain, resident of village- Chatra Line, Mohalla- Mahua Chowk, P.O.-Chatra, P.S.-Sadar, District- Chatra, Jharkhand. --- --- 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 NAVNEET KUMAR For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate For the State : Mr. Satish Prasad, A.P.P.

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03/23.09.2024 Heard learned senior counsel for the petitioner and the learned A.P.P. representing the State.

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Petitioner is an accused in connection with N.D.P.S. Case No. 5 of 2024 arising out of Barhi P.S. Case No. 477 of 2023 for the offence registered under Section 21(c), 22(c) and 29 of NDPS Act, pending in the court of learned Additional District Judge-VI, Hazaribag.

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It is submitted on behalf of the petitioner that as per the allegation set out in the F.I.R, petitioner along with co-accused persons was apprehended from the vehicle bearing registration No. JH01DV-3907 in which huge quantity of opium measuring about 5 Kg kept in five different plastic has been recovered from the bonnet of the said vehicle. It is submitted that petitioner is quite innocent in view of the fact that the vehicle from which the alleged contraband i.e., 5 Kg opium have been recovered was belonging to co-accused Mukesh Prasad and this petitioner was just sitting in the car along with him and that is why he has been arrested. Petitioner is in custody since 15.10.2023. It is further submitted that petitioner has no criminal history as evident from report of the Investigating Officer and charge in this case has been framed and P.W.1, who is a seizure list witness has been examined in this case during course of trial who has categorically stated in para 28 that the sample has been collected from the place of occurrence and it was never produced before the Magistrate or sealed as provided under Section

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52-A of the NDPS Act nor Rules 3,8,9 and 10 of the Narcotic Drugs and Psychotropic Substances (seizure, Storage, Sampling and Disposal) Rules, 2022 have been followed and therefore, petitioner deserves to be enlarged on bail.

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On the other hand, learned A.P.P. has opposed the contentions raised by the petitioner and submitted that a huge quantity of 5 Kg of opium have been recovered and confirmed in the FSL report. Trial has commenced and therefore, petitioner does not deserve to be enlarged on bail. Learned A.P.P. however did not controvert the fact that petitioner has no criminal history and the contraband which have been recovered from the vehicle bearing registration No. JH01DV3907 belonged to Mukesh Prasad and not this petitioner.

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Having heard the parties, perused the record of the case.

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In view of the persuasive submission advanced by the learned counsel for the petitioner, it is found just and proper to enlarge the petitioner on bail.

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Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty-Five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VI, Hazaribag in connection with N.D.P.S. Case No. 5 of 2024 arising out of Barhi P.S. Case No. 477 of 2023, subject to the condition that petitioner will cooperate in the criminal proceeding pending in the court below and he will remain present on every and each date of the criminal trial as and when required by the learned Trial Court, failing which, appropriate order shall be passed by the learned court below for cancellation of bail.

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(Navneet Kumar, J.)

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A.Mohanty

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Buland Akhtar v. the State of Jharkhand

Case brief

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Buland Akhtar v. the State of Jharkhand

Case brief

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