The Patna High Court rejected the bail application of a petitioner apprehended for possession of 60 kg ganja recovered from a Nano car, holding that under the NDPS Act, bail cannot be granted without a specific opinion that the accused will not commit such offences.
Prayer for bail in connection with N.D.P.S. Case No. 13 of 2013 is rejected.
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.2828 of 2014 ====================================================== 1. Kamlesh Ram S/O Ram Pravesh Ram R/O Village Makdumpur, P.SBihiya, District- Bhojpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harsh Singh For the Opposite Party/s : Mr. S.D.Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 05-03-2014 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case registered under sections 20 and 22 of the N. D. P. S. Act.
Three persons on a Nano car were apprehended and the petitioner was one of them. From that vehicle 60 K. G. Ganja was recovered which was of commercial quantity.
Section 37 of the N. D. P. S. Act prescribes the procedure for grant of bail to the accused involved with trade/carriage/possession of commercial quantity of contraband articles. According to which, in such cases, bail can only be granted when the Court is of the opinion that the accused will not commit such offences. No such opinion can be drawn at this stage.
Patna High Court Cr.Misc. No.2828 of 2014 (3) dt.05-03-2014
2/2
Considering the provisions of N.D.P.S. Act, I am not inclined to grant bail to the petitioner and his prayer for bail is rejected in connection with N. D. P. S. Case No. 13 of 2013.
(Shyam Kishore Sharma, J)
Sudha/-
2 issues framed by the court
Whether bail should be granted to the accused involved in possession of commercial quantity of ganja.
Whether the opinion that the accused will not commit such offences can be drawn at the bail stage under Section 37.
3 provisions across 1 enactments
Kamlesh Ram
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
