Single-judge oral order granting bail to petitioner arrested under NDPS Act for possession of ATF. Court convicted that search and seizure violated Section 50 and articles were not duly sealed. Orders release on bond with sureties.
Release on bail on bond of Rs. 20,000/- with two sureties of like amount.
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.18086 of 2014
======================================================
1. Md. Masum Son of Md. Yunus Resident of Village-Fulkari Mubarakpur
P.S. Birpur District-Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
SHARMA
ORAL ORDER
2 04-06-2014 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case which has been
registered under Sections 20/22 of the N.D.P.S.Act
Allegedly from possession of the petitioner 45 pieces
of A.T.Van Tablets of 2 m.g were recovered from his pocket with
other articles as per the seizure list and the petitioner earlier
disclosed his wrong name and address.
Submission at Bar for release of the petitioner is that
the petitioner has been made victim of the circumstances,
everything has been planted, there is no independent witness of the
alleged search and seizure, the alleged search and seizure have not
been conducted in accordance with law, there is utter violation of
section 50 of the N.D.P.S. Act, no procedure of the N.D.P.S.Act
has been followed, recovered articles were not duly sealed and
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after much delay it is alleged that the same was sent to the chemical examination. As a matter of fact cash of Rs. 11,000/valid ticket etc of the petitioner was snatched by the police personnel and was taken in police custody illegally.
The learned APP opposes the prayer for bail by submitting that the tablets recovered are being used in mixing in the food stuff supplied to the passenger to make them senseless and to commit theft of their belongings.
Be that as it may, considering the custody of the petitioner Md. Masum is hereby directed to be released on bail on execution of bail bond of Rs. 20,000/-( twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Begusarai, in connection with N.D.P.S.Case No. 15 of 2013 arising out of Barauni Rail P.S.Case No. 84 of 2013, subject to the conditions that one of the bailors must be near relative and the other having sufficient immovable property within the jurisdiction of the trial court and the petitioner shall remain present on each and every date during the trial and two consecutive defaults without any reasonable cause shall disentitle the petitioner from the privilege of bail.
(Jitendra Mohan Sharma, J)
Namita/-
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2 issues framed by the court
Whether the petitioner is eligible for bail in an N.D.P.S. case alleging violation of Section 50 and illegal search and seizure.
Whether the circumstances of the arrest and recovery justify the grant of bail.
1 provisions across 1 enactments
Md. Masum
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
