In an oral order, the Patna High Court enlarged the petitioner on bail for offences under Sections 20/22 of the NDPS Act. The court required a bond of Rs. 10,000 with two sureties and imposed strict conditions regarding appearance and future conduct.
Petitioner enlarged on bail by furnishing bond of Rs. 10,000 with two sureties of the like amount each.
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.38054 of 2018
Arising Out of PS. Case No.-11 Year-2018 Thana- BARSOI District- Katihar
======================================================
Suraj Das S/o Harendra Nath Das, R/o Vill.- Pada, P.S.- Barsai, DistrictKatihar , Pin -855102.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dr. Jitendra Kumar Singh For the Opposite Party/s : Mr. Humayou Ahmad Khan ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 05-07-2018
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner is languishing in judicial custody since 17.01.2018 in connection with Barsoi P.S. Case No. 11 of 2018 for offences punishable under Sections 20/22 of the Narcotic Drugs and Psychotropic Substances Act.
The prosecution case, as lodged by the police personnel, is that on secret information the petitioner was apprehended with 1kg 100 gms of ganja and 90 cigarette filled with ganja. Accordingly, a seizure list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case due to high handedness of the police. He submits that the provision of
Patna High Court Cr.Misc. No.38054 of 2018(2) dt.05-07-2018 2/3
section 50 of the N.D.P.S. Act has not been complied with and that the ganja seized if taken in totality is less than the commercial quantity. It is further submitted that the charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record as well as the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-I cum Special Judge Katihar, in connection with Barsoi P.S. Case No. 11 of 2018, G.R. No. 210 of 2018, subject to the following conditions :
Patna High Court Cr.Misc. No.38054 of 2018(2) dt.05-07-2018 3/3
will entail cancellation of his bail bonds.
(iii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.
(Nilu Agrawal, J)
Rajesh/Pragya
2 issues framed by the court
Whether the petitioner is entitled to release on bail for offences under Sections 20/22 of the NDPS Act considering Section 50 compliance questions.
Whether the quantum of seized goods constitutes commercial quantity under the NDPS Act for bail considerations.
2 provisions across 1 enactments
Suraj Das
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
