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Nandlal Shah v. Union of India through Narcotics Control Bureau (Ncb)

Jharkhand HC11 Jul 2025B.A./1441/2025

Case brief

AI extract

What is this about?

Bail granted by Jharkhand High Court (Ambuj Nath, J.) in B.A. No. 1441 of 2025 under the N.D.P.S. Act; Section 37(1)(b) embargo held overridden by delay in trial; petitioner in custody about three years; only one of seven chargesheeted witnesses examined; 996.5 kgs cannabis recovered from truck JH02J-3432; N.C.B. Crime No. 04/NCB/Ranchi/2022; N.D.P.S. Case No. 32/2022; Ankur Chaudhary v. State of Madhya Pradesh (SLP (Crl.) 4648/2024) relied on; bail bond Rs. 20,000 with two sureties.

What did the court decide?

Release on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of learned Additional Judicial Commissioner-XX, Ranchi. ¶23

Nandlal Shah Vs Union of India through Narcotics Control Bureau (Ncb) — Jharkhand HC (2025) — LawSathi Research

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( 2025:JHHC:18763 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 1441 of 2025

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Nandlal Shah, aged 53 years, S/o Visun Sah @ Vishun Sah, R/o Amaithi, P.O.- Masauna, P.S.- Sanjhauli, District- Rohtas, Bihar.

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… … Petitioner

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-Versus -

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The State of Jharkhand ... … Opposite Party

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : Mr. Amlan Palit, Advocate For the State : Mr. Anil Kumar, A.S.G.I. : M/s. Chandana Kumari, A.C. to A.S.G.I.

05/11.07.2025

Heard the parties.

The petitioner has been made an accused in connection with N.D.P.S. Case No. 32/2022, arising out of N.C.B. Crime No. 04/NCB/Ranchi/2022, for the offence under Sections 08(C) r/w Sections 20(b) (ii) (c), 25 & 29 of the N.D.P.S. Act, pending in the Court of learned Additional Judicial Commissioner-XX, Ranchi.

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The bail application of the petitioner was earlier rejected by this Court in B.A. No. 3289/2023 vide order dated 12.01.2024 and dismissed as withdrawn in B.A. 8808/2024 vide order dated 15.10.2024.

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On 16.07.2022, on the basis of confidential information, N.C.B., Ranchi, intercepted a Tata L.P.T. 2515 T.C. truck bearing registration number JH02J-3432 from Munda Masna Chowk, Ring-Road, Simalia and on search 996.5 kgs of cannabis were recovered from the seized truck. The driver of the truck was apprehended and he confessed that the seized contraband was going to be delivered to this petitioner.

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Report regarding the stage of trial from the learned Trial Court, earlier called for, has been received. It appears that out of seven chargesheeted witnesses, only one witness has been examined.

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Learned lawyer appearing on behalf of the petitioner has referred a decision of Hon’ble the Supreme Court in case of “Ankur Chaudhary Vrs. State of Madhya Pradesh passed in Special Leave to Appeal (Crl.) No. 4648/2024, in which the petitioner has been granted bail on the ground of period of custody and the fact that the trial was not likely to

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be concluded in near future.

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It appears that the petitioner is in custody for about three years. It further appears that the prosecution has examined only one witness. It also appears that delay in conclusion of trial will override the effect and embargo of the prosecution case as provided in Section 37(1)(b) of the N.D.P.S. Act

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In view of the aforesaid facts, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Judicial Commissioner-XX, Ranchi in connection with N.D.P.S. Case No. 32/2022, arising out of N.C.B. Crime No. 04/NCB/Ranchi/2022.

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Rahul/-

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Nandlal Shah v. Union of India through Narcotics Control Bureau (Ncb)

Case brief

What is this about?

What did the court decide?

Nandlal Shah v. Union of India through Narcotics Control Bureau (Ncb)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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