In an appeal for bail in a narcotics case, the High Court rejected the petition. The Court held that the alleged quantity was above commercial limits, precluding bail under Section 37 notwithstanding non-compliance of Sections 42 and 50. Trial completion within one year was directed.
Bail prayer rejected; trial concluded within one year.
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.16496 of 2019
Arising Out of PS. Case No.-170 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya
======================================================
MD. MUMTAZ @ MD. MATAZ Son of Md. Shamsher Sah @ Shamsher Sah Resident of Naya Tola, Shahbaj Nagar, Fatehpur, P.S- Zero Mile Sabour, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Abhoy Kumar Kashyap For the Opposite Party/s : Mr.Mritunjay Kumar Nirala ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 16-04-2019 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Section 20(b) of the N.D.P.S. Act.
The prosecution case in short is that 85 kg ganja has been recovered in this case.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.5.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. 85 kg ganja is alleged to have been recovered. There is no compliance of Sections 42 and 50
Patna High Court CR. MISC. No.16496 of 2019(2) dt.16-04-2019 2/2
of the N.D.P.S. Act.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The alleged recovered quantity is above the commercial quantity. In the light of the provisions of Section 37 of the N.D.P.S. Act, the petitioner cannot be granted bail.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within one year from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether bail can be granted in a case involving commercial quantity of narcotic drugs under Section 20(b) of the N.D.P.S. Act.
Whether non-compliance of Sections 42 and 50 of the N.D.P.S. Act entitles the petitioner to bail.
2 provisions across 1 enactments
MD. MUMTAZ @ MD. MATAZ
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
