Ramesh Ganjhu Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2024)

Ramesh Ganjhu Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Petitioner enlarged on bail in Kunda P.S. Case No. 35 of 2023 / N.D.P.S. Case No. 57 of 2024 on bail bond of Rs. 25,000 with two sureties of the like amount each, subject to cooperation in the trial and presence on every date, failing which bail may be cancelled by the Court below.

Issue for consideration

Whether Ramesh Ganjhu, accused in Kunda P.S. Case No. 35 of 2023 under Sections 15/18 of the N.D.P.S Act (pending as N.D.P.S. Case No. 57 of 2024 before the District & 2nd Addl. Sessions Judge, Chatra), deserves to be enlarged on bail notwithstanding his alleged flight from the spot, the claim that the motorcycle carrying 51.1 KG Opium/Doda belonged to co-accused Pramjit Ganjhu, his criminal antecedents, and the contention that the Section 52-A seizure/sampling procedure was not followed. +1 more

Court's answer

In light of the submissions advanced on behalf of the petitioner and the facts and circumstances of the case, the petitioner is directed to be enlarged on bail in Kunda P.S. Case No. 35 of 2023 / N.D.P.S. Case No. 57 of 2024 on furnishing a bail bond of Rs. 25,000 with two sureties of the like amount each to the satisfaction of the Court of Learned District & 2nd Addl. Sessions Judge, Chatra.

Ratio / Principle

The bail is conditional: the petitioner must cooperate in the criminal proceeding pending before the Trial Court and remain present on each and every date of the criminal trial as and when required; on failure, the learned Court below may pass an appropriate order cancelling the bail as per the provision of law.

Detailed headnote1 paragraphs

Bail Application No. 6363 of 2024, High Court of Jharkhand at Ranchi (Navneet Kumar, J., Order dated 05.09.2024) — ALLOWED. Ramesh Ganjhu, accused in Kunda P.S. Case No. 35 of 2023 registered under Sections 15/18 of the N.D.P.S Act (pending as N.D.P.S. Case No. 57 of 2024 before the District & 2nd Addl. Sessions Judge, Chatra), sought bail arguing that he was not caught on the spot and had fled leaving a motorcycle carrying 51.1 KG Opium/Doda which belonged to co-accused Pramjit Ganjhu — himself enlarged on bail by a coordinate bench in B.A. No. 1415 of 2024 dated 12.07.2024 — that he had been remanded in this case from Kunda P.S. Case No. 17 of 2022 (Ss. 15/18/20 NDPS Act; ss. 33, 41, 42 Indian Forest Act), that he was in jail since 29.11.2023 with charge framed on 31.05.2024, and that the Section 52-A seizure-and-sampling procedure was not followed. The State, through the A.P.P., opposed bail citing the petitioner's criminal antecedents and two pending similar cases and his flight from the spot after leaving the motorcycle with 51.1 kg opium/doda. The Court, without making any express finding on the individual contentions, enlarged the petitioner on bail of Rs. 25,000 with two sureties of the like amount each, conditioned on his cooperation in the trial and presence on every date, failing which the Court below may cancel the bail.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6363 of 2024

Ramesh Ganjhu

The State of Jharkhand

... … Petitioner

Versus … … Opposite Party

CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

For the Petitioner : Mr. Jeetendra Kumar Mishra, Advocate Mr. Avilash Kumar, Advocate Mr. Rahul Kumar Mishra, Advocate For the State : Mr. Manoj Kr. Mishra, A.P.P. --------

Order No. 03 / Dated 05^th September, 2024

Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

The petitioner is an accused in connection with Kunda P.S. Case No. 35 of 2023, registered under Sections 15/18 of the N.D.P.S Act, presently, the case is pending vide N.D.P.S. Case No. 57 of 2024, pending in the Court of Learned District & 2^nd Addl. Sessions Judge, Chatra.

It is submitted on behalf of the petitioner that petitioner is alleged to have fled away from the spot after leaving his motorcycle carrying 51.1 KG Opium/Doda. It is submitted that the petitioner has not been caught on the spot and the motorcycle from where the contraband measuring 51.1 KG opium/doda has been recovered was not belonging to him and it was belonging to the co-accused person namely Pramjit Ganjhu who is said to be the owner of the said motorcycle and he has been enlarged on bail vide B.A. No. 1415 of 2024 dated 12.07.2024 by the co-ordinate bench of this Court. In this view of the matter, it is submitted that neither the motorcycle from where the alleged contraband is said to have been recovered was belonging to him nor he was caught on the spot and only on false suspicion he has been remanded in this case from another case i.e. Kunda P.S. Case No. 17 of 2022 registered under Section 15/18/20 of N.D.P.S. Act and 33, 41 and 42 of Indian Forest Act. In the present case, the petitioner is in jail since 29.11.2023 and charge in this case has been framed on 31.05.2024 and therefore possibility of tampering the evidence is very remote. It is submitted

that no procedure for such seizure and sampling as provided under Section 52-A of N.D.P.S. Act has been followed and therefore he deserves to be enlarged on bail.

On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner by filing counter-affidavit and submitted that the petitioner is a man of criminal antecedent and two case of similar nature including the present one are pending against him. It is further submitted that although petitioner has not been caught on the spot in this case because he had run away from the spot after leaving the motorcycle from where the huge commercial quantity of 51.1 kg opium/doda has been recovered and therefore this petitioner does not deserve to be enlarged on bail .

Having heard the parties, perused the records of this case.

In light of the forceful submission advanced on behalf of the petitioner and under the facts and circumstances of this case, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned District & 2^nd Addl. Sessions Judge, Chatra, in connection with Kunda P.S. Case No. 35 of 2023, N.D.P.S. Case No. 57 of 2024, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law.

(Navneet Kumar, J.)

Basant/S. Das

2 B.A. No.6363 of 2024