Petitioner challenged bail in an NDPS case where 11 kg of ganja was recovered from his room. While noting seizure was from the room and quantity was small, the Court declined bail due to contraband recovery.
Prayer for bail rejected. Trial court directed to conclude trial within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37998 of 2017
Arising Out of PS.Case No. -6 Year- 2017 Thana -PATORI District- SAMASTIPUR
====================================================== Sanjeev Kumar @ Sanjeev Kr. Sah, Resident of Village – Supaul, P.S.Patori, District-Samstipur.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Anand, Advocate. For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Patori P.S. Case No. 06 of 2017 registered under Section 20(B) of the N.D.P.S. Act.
11 Kg of gnaja is said to have been recovered from beneath the bed of the room of the petitioner.
It is submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the conscious physical possession of the petitioner rather from the room which is said to be of the petitioner, but the petitioner is not residing in the said room. The seized ganja is less than the commercial quantity. The petitioner has been languishing in custody since 15.04.2017.
Considering the recovery of the aforesaid quantity
Patna High Court Cr.Misc. No.37998 of 2017 (2) dt.10-08-2017
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of contraband from the room of the petitioner, I am not inclined to enlarge the petitioner on bail. His prayer for bail is rejected.
However, learned trial court is directed to conclude the trial as expeditiously as possible within six months from the date of receipt or production of a copy of this order.
(Prakash Chandra Jaiswal, J)
Mishra/-
U
2 issues framed by the court
Whether the petitioner is entitled to bail in an offence under Section 20(B) of the NDPS Act where contraband was recovered from his room but not from his person.
Whether bail should be granted given the quantity of contraband recovered and the petitioner's custody period.
1 provisions across 1 enactments
Sanjeev Kumar @ Sanjeev Kr. Sah
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
