Petitioner Chhotu Chauhan challenged bail rejection in a case involving 102.100 kgs of ganja under the N.D.P.S. Act. The single-judge bench rejected the bail application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15595 of 2019
Arising Out of PS. Case No.-68 Year-2018 Thana- DANIYAWAN District- Patna
======================================================
Chhotu Chauhan S/o Sita Ram Chauhan, village-Sonaru,,P.S-Fatuhan,,Distt.Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Giridhar Gopal Tiwary For the Opposite Party/s : Mr.Vinod Shanker Modi ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
5 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 Sessions Judge/Special Judge, 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.15595 of 2019(5) 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
1 issue framed by the court
Whether the petitioner is entitled to bail under Section 37 of the N.D.P.S. Act given the recovery of 102.100 kgs of ganja from his house.
Chhotu Chauhan
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
