Bail prayer of narcotics convict rejected. Court directs Deputy Commissioner, Custom, Raxaul to ensure remaining prosecution witnesses appear in trial court promptly to conclude the trial within the stipulated timeframe.
Bail prayer rejected; direction issued to Deputy Commissioner, Custom, Raxaul to produce remaining witnesses.
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.19445 of 2013 (2) dt.15-05-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19445 of 2013
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1. Shivshankar Dixit @ Kallu S/O Sri Dinanath Dixit
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
======================================================
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
2 15-05-2013 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Earlier the prayer for bail of the petitioner was twice
rejected by this Court but submission on behalf of the petitioner is
that trial of the petitioner is still pending though this Court
directed the trial court vide order dated 18.07.2012 passed in Cr.
Misc. No. 15361 of 2012 to conclude the trial of the petitioner
within ten months.
Learned counsel for the petitioner drew my attention
towards para 3 of the petition and submitted that up till now only
nine prosecution witnesses have been examined out of 14 charge
sheeted witnesses.
Allegedly, 2,230 kg. Ganja was recovered from a
vehicle which was being driven by the petitioner at the relevant
time.
Patna High Court Cr.Misc. No.19445 of 2013 (2) dt.15-05-2013
Considering the aforesaid facts and circumstances as
well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with N.D.P.S. Case No. 89 of 2009 pending in the court of 1st Additional Sessions Judge, Motihari is again rejected.
However, before parting with this order, I would like to say that copy of order dated 18.07.2012 was sent to Deputy Commissioner, Custom, Raxaul with direction to him to produce the witnesses of above stated case before the court of 1st Additional Sessions Judge, Motihari but it is obvious that up till now, only nine prosecution witnesses could be examined by the 1st Additional Sessions Judge, Motihari. Therefore, the Deputy Commissioner, Custom, Raxaul is again directed to produce the remaining witnesses of the aforesaid case before the court of 1st Additional Sessions Judge, Motihari as early as possible.
Let a copy of this order be sent to Deputy Commissioner, Custom, Raxaul through fax for needful.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
3 issues framed by the court
Whether the petitioner should be released on bail despite pending trial and non-completion of witness examination in time.
Whether the Deputy Commissioner, Custom, Raxaul should be directed to produce remaining prosecution witnesses.
Whether the prayer for bail in the N.D.P.S. case can be granted after repeated rejections.
1 provisions across 1 enactments
Shivshankar Dixit
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
