The Patna High Court granted bail to the petitioner in a special case under the NDPS Act for possession of 90 grams of ganja. The court considered the small quantity of contraband and direct sentence levy issues while orienting the minor aspects of the case.
Petitioner enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38005 of 2017
Arising Out of PS.Case No. -207 Year- 2017 Thana -PUNPUN District- PATNA
====================================================== Ranjit Kumar, S/o Late Parmeshwar Prasad, Resident of Village – Sotachak, P.S.-Parsa Bazar, District-Patna.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate. For the Opposite Party/s : Sri Kalyan Shankar, 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 Special Case No. 83 of 2017 arising out of Punpun P.S. Case No. 207 of 2017 registered under Sections 20 and 22 of the N.D.P.S. Act.
90 grams of ganja kept in 18 small plastic purias is said to have been recovered from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the possession of the petitioner. The contraband which is said to have been recovered from his possession is of small quantity. The petitioner has been languishing in custody since 13.06.2017.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court Cr.Misc. No.38005 of 2017 (2) dt.10-08-2017
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bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, Patna in connection with Special Case No. 83 of 2017 arising out of Punpun P.S. Case No. 207 of 2017.
(Prakash Chandra Jaiswal, J)
Mishra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the special case involving possession of ganja due to the small quantity of contraband recovered.
2 provisions across 1 enactments
Ranjit Kumar
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
