This was a bail petition under the N.D.P.S. Act where the petitioner was in custody for possessing cannabis. The High Court granted bail upon furnishing a bond with sureties, noting allegations of false implication and procedural lapses in seizure.
Petitioner granted bail on furnishing a bond of Rs. 10,000 with two sureties of the 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.16600 of 2015
Arising Out of PS.Case No. -22 Year- 2014 Thana -KATIHAR GRP CASE District- KATIHAR ====================================================== 1. Raju Modak Son of Basanto Modak Resident of College Para, P.S. Falakata, District - Jalpaiguri ( W.B. ) .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Musowar For the Opposite Party/s : Mr. Kr. Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 2 11-06-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Kishanganj Rail P.S. Case No. 22 of 2014 for the offences instituted under sections 20, 22 and 8 of the N.D.P.S. Act.
The prosecution story, in brief, is that on the alleged date and time of occurrence the informant, namely, Alok Prasad Singh, SHO, GRPS, Kishanganj got an information on telephone that two unknown persons have kept cannabis Ganja in their bag and they are sitting at the railway plat form. When the police party reached on platform no. 2, the said unknown person tried to flee away but he was arrested and on search 7 Kg. of Ganja was recovered from his possession.
Patna High Court Cr.Misc. No.16600 of 2015 (2) dt.11-06-2015
2
It has been submitted on behalf of the petitioner
that the petitioner has been falsely implicated in the present case. Further it has been submitted that the procedure of seizure has not been followed in the present case. The petitioner has got no criminal antecedent and he is in custody since 19.10. 2014.
On behalf of the State it has been submitted that seven Kg. of Ganja is alleged to have been recovered form possession of the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge Ist, Katihar in connection with Kishanganj Rail P. S. Case No. 22 of 2014, giving rise to G.R. No. 80 of 2014.
(Sudhir Singh, J)
Amin/-
U
2 issues framed by the court
Whether the petitioner should be granted bail in the N.D.P.S. case.
Whether the irregularity in seizure procedure affects the bail application.
1 provisions across 1 enactments
Raju Modak
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
