The High Court of Jharkhand allowed a bail application filed by the petitioner, an accused in an NDPS case involving opium recovery, granting bail on the grounds of persuasive submissions regarding the court's findings.
Petitioner released on bail by furnishing a bail bond of Rs.25,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6184 of 2024
Hindu Hassa aged about 19 years S/o Kurchu Hassa, resident of village Chondradih, P.O. Kander, P.S. Arki, District Khunti --- --- Petitioner Versus
The State of Jharkhand --- --- Opposite Party
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioners : Mr. Anil Kumar Ganjhu, Advocate For the State : Mr. Pankaj Kumar Mishra, A.P.P.
(DD Kit ), it has been found that it was opium although sample has been sent to the FSL but the report is still awaited and after submission of charge-sheet further investigation is going on. It has also been pointed out that the contraband alleged to have been recovered from the possession of the petitioner comes under intermediary category. Therefore, it is submitted that petitioner does not deserve to be enlarged on bail.
(Navneet Kumar, J.)
A.Mohanty
2
2 issues framed by the court
Whether the petitioner, charged with importing/opium possession under the NDPS Act, is entitled to bail despite the lack of FSL report?
Whether compliance with Section 52-A of the NDPS Act during recovery is a ground for bail under Section 37 of the NDPS Act?
1 provisions across 1 enactments
Hindu Hassa
The State of Jharkhand
Navneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
