The Patna High Court granted regular bail to the petitioner in a case involving possession of heroin under Sections 17 and 22 of the NDPS Act, sua sponte adjusting bail terms due to her gender, family background, and the quantity of drugs recovered.
The petitioner was ordered to be released on bail by furnishing a bond of Rs.10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.14451 of 2012 (5) dt.13-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 14451 of 2012
====================================================== Baby Devi @ Bhabhi .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 13-09-2012 Heard learned counsel for the petitioner and learned counsel for the State.
This is a petition for grant of regular bail in a case under Sections 17 and 22 of the Narcotic Drugs and Psychotropic Substances Act.
It is alleged that 44 grams of heroin/smacks was recovered from the possession of the petitioner.
Learned counsel for the petitioner submits that the quantity is much less than the commercial quantity and the petitioner is a lady and has already remained in jail from 13.11.2011 i.e. more than ten months.
Learned counsel for the State submits that from the case diary, it is apparent that three cases are pending against her including the present case.
Learned counsel for the petitioner submits that out of the three cases one case is not against the petitioner but against the daughter of this petitioner and hence that case may not be attributed against this petitioner. It has further been contended that in another case which has been referred, in which the petitioner is enjoying anticipatory bail as there was allegation in that case that a person found in possession of the
Patna High Court Cr.Misc. No.14451 of 2012 (5) dt.13-09-2012
heroin disclosed that she has purchased heroin from him, whereas nothing has been recovered from the possession of the petitioner.
Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Gopalganj in connection with Trial No. 62 of 2011 arising out of Barauli P. S. Case No. 244 of 2011 (G. R. No. 3324 of 2011), subject to the condition that one of the bailors shall be the near relatives of the petitioner who shall file affidavit to the effect that the petitioner shall not repeat the offence or involve in any such activity in future and if she involves in any such activity then the bailor shall report the matter to the court below then the court below shall proceed for cancellation of bail bond of the petitioner on its own motion.
(Gopal Prasad, J.)
kundan/-
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case under Sections 17 and 22 of the NDPS Act considering the quantity and duration of detention.
1 provisions across 1 enactments
Baby Devi @ Bhabhi
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
