Allowed¶12

Majibur Rahman Alias Shekh Majibur Rahman Alias Sk Majibur Rahman v. the State of Jharkhand

Jharkhand HC10 Sept 2024B.A./7093/2024

Case brief

AI extract

What is this about?

NDPS Act bail grant; Ranga P.S. Case No.39 of 2024 (Sections 21 and 22, NDPS Act) pending before Sessions Judge, Sahibganj; seizure of 1.260 kg cannabis from petitioner's house at Kendua, Bishanpur (P.S. Ranga, Sahibganj); recovery below commercial quantity; no independent witness — both seizure-memo witnesses police personnel; petitioner without criminal antecedent; bail bond Rs.25,000/- with two sureties of like amount; High Court of Jharkhand, Justice Subhash Chand, B.A. No.7093 of 2024, judgment 03/10.09.2024.

What did the court decide?

Release on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount, to the satisfaction of the court concerned in Ranga P.S. Case No.39 of 2024. ¶12

Majibur Rahman Alias Shekh Majibur Rahman Alias Sk… — Narcotics (NDPS) | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount, to the satisfaction of the court concerned in Ranga P.S. Case No.39 of 2024.

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Issue for consideration

Whether the petitioner may be released on bail in connection with Ranga P.S. Case No.39 of 2024, registered under Sections 21 and 22 of the NDPS Act and pending before learned Sessions Judge, Sahibganj. +1 more

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Court's answer

The court allowed the bail application and directed that the petitioner be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount, to the satisfaction of the court concerned.

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Ratio / Principle

The court took into account that the total recovered cannabis was below the commercial quantity and, as per the seizure memo, there was no independent witness of the seizure.

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Key takeaways

The court further noted that both witnesses of the seizure memo were police personnel and that the petitioner has no criminal antecedent.ratio¶11

Detailed headnote1 paragraphs

BAIL APPLICATION ALLOWED — High Court of Jharkhand at Ranchi (Subhash Chand, J.), B.A. No.7093 of 2024, judgment reference 03/10.09.2024. Petitioner Majibur Rahman @ Shekh Majibur Rahman @ Sk. Mujibur Rahman sought release on bail in connection with Ranga P.S. Case No.39 of 2024, registered under Sections 21 and 22 of the NDPS Act and pending before learned Sessions Judge, Sahibganj. On secret information of sale of illegal cannabis at village Kendua Bishanpur, notice was served and his house searched; three plastic packets containing cannabis (900 grams; 130 grams; and 230 grams across 74 small packets) yielded total recovery and seizure of 1.260 kg cannabis. Grounds considered by the court: total recovery below commercial quantity; no independent witness of the seizure, both seizure-memo witnesses being police personnel; petitioner having no criminal antecedent. Bail allowed on furnishing bail bond of Rs.25,000/- with two sureties of the like amount, to the satisfaction of the court concerned.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.7093 of 2024

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Majibur Rahman @ Shekh Majibur Rahman @ Sk. Mujibur Rahman, aged about 55 years, son of Late Immam SK, resident of Kendua, Bishanpur, P.O. & P.S. Ranga, District Sahibganj. ..... … Petitioner

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Versus The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-----For the Petitioner : Mr. Parambir Singh Bajaj, Advocate For the State : Mrs. Kumari Rashmi, A.P.P. --------

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03/10.09.2024 Heard learned counsel for the petitioner and learned A.P.P. for

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the State.

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This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Ranga P.S. Case No.39 of 2024 registered under Sections 21 and 22 of the NDPS Act pending in the court of learned Sessions Judge, Sahibganj.

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The F.I.R. of this case was lodged by the informant—police officer with these allegations that he had received secret information in regard to sale of illegal cannabis at village Kendua Bishanpur. Thereafter serving notice, the house of Mujibur Rahman (the petitioner) was searched and three plastic packets were found; first yellow coloured packet was found which contained one bundle cannabis (weighing 900 grams), second white colored polythene packet contained cannabis (weighing 130 grams) and third a packet contained 74 small packets of cannabis (weighing 230 grams). Total 1.260 k.g. cannabis was recovered and seized.

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Total cannabis which was recovered was below the commercial quantity and as per seizure memo there is no independent witness of the same. Both witnesses of seizure memo are the police personnel. The petitioner is having no criminal antecedent.

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In view of the submissions made and materials on record, the bail application of the petitioner is, hereby, allowed. Let the petitioner be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.

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(Subhash Chand, J.)

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Rohit

Majibur Rahman Alias Shekh Majibur Rahman Alias Sk Majibur Rahman v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Majibur Rahman Alias Shekh Majibur Rahman Alias Sk Majibur Rahman v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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