Mithun Munda Alias Chhotan Munda v. the State of Jharkhand

Jharkhand HC5 Sept 2024B.A./6949/2024

Case brief

AI extract

What is this about?

NDPS bail; opium 530 grams below commercial quantity; seizure-memo witnesses police personnel; Sections 18/22/25 NDPS Act; NDPS Case No. 43 of 2024 / Khunti P.S. Case No. 66 of 2024; custody since 21.05.2024; bail bond Rs. 25,000 with two sureties; Justice Subhash Chand; High Court of Jharkhand at Ranchi.

What did the court decide?

Release on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount to the satisfaction of the Court concerned in NDPS Case No. 43 of 2024. ¶¶12

Mithun Munda Alias Chhotan Munda Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Mithun Munda @ Chhotan Munda, aged about 37 years, Son of Late Koron Munda, Resident of Sake Toli, Nohwatoli, P.O., P.S., & District: Khunti, Jharkhand. ...... Petitioner

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Versus

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The State of Jharkhand …. …. Opp. Party ------ CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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------For the Petitioner : Mr. Vishal Kr. Tiwary, Advocate For the State : Ms. Anuradha Sahay, APP --------

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Order No.02 /Dated: 5^th September, 2024

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Heard learned counsel for the petitioner and the learned APP for the State.

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This bail application has been filed on behalf of Mithun Munda @ Chhotan Munda with a prayer to release on bail in connection with NDPS Case No. 43 of 2024 arising out of Khunti P.S. Case No. 66 of 2024, registered under Sections 18/22/25 of the NDPS Act, pending before the Court of learned Special Judge, NDPS at Khunti.

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The FIR of this case was lodged by the Police Officer with these allegations that while he was on patrolling he received the information that Mithun Munda @ Chhotan Munda had opium in his house. For verification of this information, he reached to the house of Mithun Munda @ Chhotan Munda and on reaching there one person was found who was identified as Mithun Munda @ Chhotan Munda. While search, nothing was recovered from this person, but from his house one transparent plastic bag containing brown colour wet substance was found from which smell of opium was coming and same was detected by DD kit and it was verified as opium. The recovered opium was weighed and it was 530 grams. After preparing the seizure memo, this FIR was lodged.

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The recovered opium of 530 grams is below the commercial quantity. The both witnesses of the seizure memo are the Police Personnel’s. Though in the bail petition it has been stated that the petitioner is having no criminal antecedent yet the learned counsel for the petitioner has submitted that as per instructions received from the petitioner, the petitioner is having criminal

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antecedents of two cases, in one case he is already on bail and the other is for minor offence, but is having no criminal antecedent in regard to any narcotic or psychotropic substance and has been languishing in jail since 21.05.2024. 5. In view of the above, the bail application of the petitioner/applicant is hereby allowed. Let the petitioner/applicant be released on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty-five Thousand Only) with two sureties of the like amount to the satisfaction of the Court concerned in the aforesaid case.

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(Subhash Chand, J.)

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Vedanti/-

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Mithun Munda Alias Chhotan Munda v. the State of Jharkhand

Case brief

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Mithun Munda Alias Chhotan Munda v. the State of Jharkhand

Case brief

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