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Purwasha Paul v. the State of Jharkhand

BAIL GRANTED – NDPS ACT – SECTIONS 20 & 22

Jharkhand HC5 Sept 2024B.A./6371/2024

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Case brief

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What is this about?

Jharkhand High Court bail order; B.A. No. 6371 of 2024; Navneet Kumar, J.; 05.09.2024; NDPS Act Sections 20 & 22; ganja 5.365 kg; seizure list; co-accused Sudhir Kumar Singh; woman accused aged 19; no criminal history; custody since 03.04.2024; charge framed; Special Judge Simdega; bail bond Rs.25,000 with two sureties; conditions to attend trial.

What did the court decide?

Petitioner enlarged on bail on furnishing bail bond of Rs.25,000 with two sureties of the like amount each to the satisfaction of the Learned Addl. Sessions Judge-II-cum-Special Judge, Simdega, in NDPS Case No. 04 of 2024, subject to conditions of cooperation in the criminal proceeding and presence on every date of trial, failing which bail is liable to be cancelled by the Court below as per law. ¶16

Purwasha Paul Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, a 19-year-old woman accused under Sections 20 & 22 of the N.D.P.S. Act in NDPS Case No. 04 of 2024 (Simdega), deserves to be enlarged on bail, given that the alleged contraband is stated to have been recovered from a co-accused, she has no criminal history, has been in custody since 03.04.2024, and charge stands framed.

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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 NDPS Case No. 04 of 2024 (arising out of Jaldega (Bansjore O.P.) P.S. Case No. 16 of 2024) on furnishing a bail bond of Rs.25,000 with two sureties of the like amount each to the satisfaction of the Learned Addl. Sessions Judge-II-cum-Special Judge, Simdega.

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Ratio / Principle

The bail is subject to the conditions that the petitioner will cooperate in the criminal proceeding pending before the learned Trial Court and will remain present on each and every date of the criminal trial as and when required, failing which the learned Court below shall pass appropriate order for cancellation of bail as per the provision of law.

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Detailed headnote1 paragraphs

BAIL GRANTED — NDPS ACT — SECTIONS 20 & 22 — WOMAN ACCUSED: The High Court of Jharkhand (Navneet Kumar, J., order dated 05.09.2024 in B.A. No. 6371 of 2024) enlarged on bail the petitioner, a 19-year-old woman accused in NDPS Case No. 04 of 2024 arising out of Jaldega (Bansjore O.P.) P.S. Case No. 16 of 2024, registered under Sections 20 & 22 of the N.D.P.S. Act and pending before the Learned Addl. Sessions Judge-II-cum-Special Judge, Simdega. As per the F.I.R./seizure list, ganja weighing 5.365 kg was involved, with the entire alleged contraband stated to have been recovered from the possession of co-accused Sudhir Kumar Singh; the petitioner pleaded she was a mere passenger with no criminal history, had been in custody since 03.04.2024, and that charge stood framed making tampering remote. The State opposed, relying on the F.S.L. report confirming ganja. Bail allowed on a personal bond of Rs.25,000 with two like sureties, conditioned on cooperation in the trial and appearance on each and every date, failing which the Court below may cancel bail as per law.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6371 of 2024

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Purwasha Paul @ Purbasha Paul

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... … Petitioner

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Versus The State of Jharkhand … … Opposite Party

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Rahul Pandey, Advocate For the State : Mr. Bhola Nath Ojha, Spl.P.P.

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

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

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The petitioner is an accused in connection with NDPS Case No. 04 of 2024 arising out of Jaldega (Bansjore O.P.) P.S. Case No. 16 of 2024, registered under Sections 20 & 22 of N.D.P.S. Act, pending in the Court of Learned Addl. Sessions Judge-II-cum-Special Judge, Simdega.

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It is submitted on behalf of the petitioner that as per the allegation made in the F.I.R., the petitioner along with co-accused persons was caught from the spot along with contraband namely Ganja weighing 5.365 kg as disclosed in the seizure list. It is submitted on behalf of the petitioner that she is 19 years old woman and she has no role in the commission of the offence and she is a normal passenger travelling in the bus and entire alleged contraband namely Ganja has been recovered from the possession of co-accused namely Sudhir Kumar Singh which is evident from the seizure list. Further it has been submitted that this petitioner has no criminal history and she is in jail since 03.04.2024. Charge in this case has been framed and therefore possibility of tampering the evidence is very remote and as such she deserves to be enlarged on bail.

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On the other hand, the learned Spl.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that she was accompanying the co-accused persons in the bus as disclosed by the co-accused persons and the Ganja which is said to have been recovered from the bag of the co-accused person namely Sudhir Kumar

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Singh is of about 5.365 kg which comes under the category of intermediary and counter-affidavit has also been filed in support of his contentions and it is stated that contraband which is said to have been recovered it was Ganja as found from the F.S.L. report and therefore she does not deserve to be enlarged on bail.

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

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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 Addl. Sessions Judge-II-cum-Special Judge, Simdega, in connection with NDPS Case No. 04 of 2024 arising out of Jaldega (Bansjore O.P.) P.S. Case No. 16 of 2024, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and she 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.

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(Navneet Kumar, J.)

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Basant/S. Das

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2 B.A. No.6371 of 2024

Purwasha Paul v. the State of Jharkhand

Case brief

What is this about?

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Purwasha Paul v. the State of Jharkhand

Case brief

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