Single judge of the Patna High Court dismissed a bail application in an NDPS case. The court held that the lack of weight disclosure or F.S.L. report should be addressed at the trial stage, not during bail proceedings.
Bail application dismissed; no order for enlarging custody.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 11438 of 2014
Arising Out of PS.Case No. -123 Year- 2013 Thana -GARDANIBAGH District- PATNA ====================================================== Ranjan Kumar Son of Rajeshwar Prasad R/O Damaria Kabristan, P.S. – Gardanibag, District – Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
4. 02-07-2014 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in Spl. Case No. 24 of 2013 arising out of Gardanibag P.S. Case No. 123 of 2013 dated 19.04.2013 instituted for offence punishable under sections 20/21/22 of The Narcotic Drugs and Psychotropic Substances Act, 1985.
Learned counsel for the petitioner submits that the allegation of recovery from the petitioner is incorrect as the same has been due to enmity with the local police there having been some altercation earlier. It is submitted that the F.S.L. report has not yet been received. Learned counsel further submits that it is the duty of the prosecution to come up with a case as to what is the weight of the seized substance and also the F.S.L. report, otherwise the same would cause prejudice to the rights of the petitioner.
Patna High Court Cr.Misc. No.11438 of 2014 (4) dt.02-07-2014
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Learned A.P.P. for the State, upon going through the case diary, submits that the plea of the weight of the seized articles not being disclosed or the F.S.L. report, are matters to be thrashed out at the stage of trial and if at all the petitioner has any grievance, he may raise it there. It is further submitted that the mere fact of 42 packets being recovered from the petitioner clearly indicates that it was meant to be sold to the 42 different persons, which itself makes the incident grave as the same relates to narcotics.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, this Court is not inclined to enlarge the petitioner on bail. The application stands dismissed.
(Ahsanuddin Amanullah, J.)
Anand Kr.
U
2 issues framed by the court
Whether the petitioner is entitled to bail considering the alleged recovery of narcotics and absence of F.S.L. report.
Whether the plea regarding undisclosed weight of seized articles can be considered at the bail stage.
1 provisions across 1 enactments
RANJAN KUMAR
STATE OF BIHAR
AHSANUDDIN AMANULLAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
