Bail application by accused in NDPS and IPC case after 100 kg cannabis was recovered at a check post in Chouparan. The court noted commercial quantity recovered in joint possession with co-accused and rejected the bail prayer.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6918 of 2024
Janeshwar Paswan, aged about 40 years, son of late Kanhai Paswan, resident of village- Pachman, P.O. and P.S.- Gurua, District- Gaya, Bihar.
… Petitioner
- Versus - The State of Jharkhand … Opp. Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For the Petitioner : Mr. A. K. Chaturvedy, Advocate For the State : Mrs. Shweta Singh, A.P.P. ---
05/04.12.2024
Heard the parties.
The petitioner has been made accused in connection with Chouparan P.S. Case No. 46 of 2024, for the offences registered under Sections 414/34 of the Indian Penal Code and Sections 20(b) of the N.D.P.S. Act, pending in the Court of Sri Satya Prakash Sinha, learned Sessions Judge, Hazaribag.
On 12.02.2024, Chouparan police apprehended this petitioner along with the co-accused at Chordaha Check Post, Chauparan. On search, 100 Kgs. of cannabis were recovered from their possession.
Mr. A. K. Chaturvedy, learned counsel for the petitioner submitted that co-accused namely Ravi Kumar has been granted bail by a Coordinate Bench of this Court.
Mrs. Shweta Singh, learned A.P.P. has opposed the prayer for bail and submitted that from perusal of forensic report with regard to seized contraband, it appears that the seized contraband was cannabis.
Considering the fact that commercial quantity of cannabis was recovered from the joint possession of the petitioner and co-accused, I am not inclined to release the petitioner, on bail. Accordingly, the prayer for bail of the petitioner stands rejected.
(Ambuj Nath, J.)
Jay/-
1 issue framed by the court
Whether bail should be granted to an accused from whose joint possession 100 kg cannabis, a commercial quantity, was recovered.
2 provisions across 2 enactments
Janeshwar Paswan
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
