In an N.D.P.S. case involving 102.100 kg of ganja recovered from constructive possession, the High Court of Patna rejected the application for bail, holding the petitioner not entitled to relief under Section 37 of the Act due to the commercial quantity involved.
Bail application rejected.
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.14919 of 2019
Arising Out of PS. Case No.-68 Year-2018 Thana- DANIYAWAN District- Patna
======================================================
Upendra Rai Son of Jamun Rai R/o Village- Brahmrotra, P.S- Gaighat, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dharmendra Kumar For the Opposite Party/s : Mr.Vinod Shanker Modi ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
6 02-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in Special case No.51 of 2018 arising out of Daniyawan P.S. case No.68 of 2018 registered under Sections 20/22 of the N.D.P.S. Act, pending in the court of Additional Sessions Judge X, Patna.
The allegation is that 102.100 kgs of ganja is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.05.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The contraband is said to have been
Patna High Court CR. MISC. No.14919 of 2019(6) dt.02-08-2019 2/2
recovered from the house of Rajni Devi. There is no recovery from the conscious possession of the petitioner.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He was apprehended on the spot. The total quantity of contraband is 102.100 kgs. Contraband is recovered from the constructive possession of the accused persons. Same is above commercial quantity. The petitioner is not entitled for grant of bail under Section 37 of the N.D.P.S. Act.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether bail should be granted under Section 37 of the N.D.P.S. Act in a case involving 102.100 kgs of ganja recovered from the accused.
Whether the petitioner is entitled to bail when the contraband is recovered from constructive possession.
1 provisions across 1 enactments
Upendra Rai
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
