The High Court rejected the petitioners' bail prayer in a narcotic drug case involving commercial recovery of charas. The court directed the trial court to expedite the trial.
Prayer for bail rejected; directions to trial court to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20045 of 2016
Arising Out of PS.Case No. -140 Year- 2015 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1. Chhathu Sah Son of Late Dukhi Sah 2. Lal Mohammad Gaddi Son of Gulfam Gaddi .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satyavrat Verma, Advocate For the Opposite Party/s : Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 04-05-2016 Heard learned counsels for the petitioner and learned APP for the State. The petitioners are languishing in custody since 09.10.2015 in a case registered for the offences punishable under section 414 of the Indian Penal Code and 20, 22, 23, 24, 27(a) and 29 of the NDPS Act, in connection with Trial No.6/2016, arising out of Gopalpur P.S. Case No.140/2015, pending before the learned Additional District and Sessions Judge-III, Bettiah, West Champaran.
Prosecution case is that from the possession of petitioner no.2 Lal Mohammad Gaddi 4 Kg. 'charas' and one mobile with double SIM were recovered whereas from the possession of petitioner no.1 Chhathu Sah 4 Kg. 'charas' and one
Patna High Court Cr.Misc. No.20045 of 2016 (2) dt.04-05-2016
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mobile were recovered. The petitioners subsequently confessed that he used to bring 'charas' from Nepal and were going to supply the same to co-accused Rajendra Pal.
It is submitted by learned counsel for the petitioners that the petitioners have no criminal antecedent.
Considering the commercial quantity of recovery of contraband, this court is not inclined to grant bail to the petitioner at present. Accordingly, the prayer for bail on behalf of the petitioners is rejected.
However, it is expected from the trial court to expedite the trial.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
2 issues framed by the court
Whether bail should be granted to petitioners charged with NDPS offences involving commercial quantity of contraband
Whether the trial court should expedite the trial in connection with the pending case
2 provisions across 2 enactments
Chhathu Sah
Lal Mohammad Gaddi
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
