Single judge allowed supplementary affidavit. Rejected bail under Section 15 NDPS Act regarding heroin recovery. Directed trial Court to expedite trial within a year.
Bail rejected; trial to be expedited and completed within a year; process for production directed.
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Patna High Court Cr.Misc. No.35457 of 2012 (4) dt.02-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35457 of 2012
Versus
====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act with regard to recovery of 432 grams of heroin and 19 grams of brown sugar.
A supplementary affidavit has been filed on behalf of the petitioner, let it be kept on record.
The bail application of the petitioner was earlier rejected on 03.04.2012 with a direction to conclude the trial within three months. However, the trial has not been concluded within the stipulated time. It appears that the petitioner is also convicted for offence under Narcotic Drugs and Psychotropic Substances Act.
The learned counsel for the petitioner submits that there is violation of Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, as well as the petitioner is enjoying the privilege of bail in appeal in a case of conviction.
Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage.
The prayer for bail is rejected .
The trial Court is directed to expedite the trial and take process for production of the petitioner from Arrah Jail for conducting the trial at the earliest, preferably within a year.
(Gopal Prasad, J)
SA/-
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 15 of the NDPS Act.
Whether the trial has been conducted within the stipulated three-month period.
2 provisions across 1 enactments
Chhathu Paswan @ Hemant Paswan
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
