Oral order granting bail to petitioner holding trial for narcotics offences. Bench held recovery of stray plants does not amount to cultivation under NDPS Act Section 20(a).
Order releasing petitioner on bail bond of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19182 of 2016
Arising Out of PS.Case No. -3 Year- 2016 Thana -RANIYATALAB District- PATNA
====================================================== Shankar Prasad Yadav, son of Late Nathuni Yadav, resident of Chihuta, P.S.-Rani Talab, District-Patna .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 02-05-2016 Petitioner is languishing in custody since 04.01.2016 in a case registered for the offences punishable under Sections 20, 22 of the N.D.P.S. Act.
In front of the door of the petitioner nine ganja plants were seized by the informant. The offence under Section 20(a) is made out when someone cultivates any cannabis plant but recovery of nine stray plants does not come within the purview of cultivation. The word cultivation has not been defined under NDPS Act.
It is submitted by learned counsel for the petitioner that petitioner has no criminal antecedent. A statement to that effect has been made in para 3 of the petition. It is further submitted that investigation has already concluded.
Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail
Patna High Court Cr.Misc. No.19182 of 2016 (2) dt.02-05-2016
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bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II, Patna in connection with Special Case No. 1 of 2016, Trial No. 19 of 2016, arising out of Ranitalab P.S. Case No. 3 of 2016. (Dinesh Kumar Singh, J) Shageer/U T
1 issue framed by the court
Whether recovery of nine stray ganja plants constitutes cultivation under Section 20(a) of the NDPS Act.
1 provisions across 1 enactments
Shankar Prasad Yadav
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
