Single judge order declining bail to petitioner in narcotics offence where recovered quantity exceeded commercial quantity. Court directed trial conclusion within nine months.
Bail prayer rejected; trial directed to conclude within nine months.
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.22733 of 2019
Arising Out of PS. Case No.-580 Year-2018 Thana- KHAGARIA District- Khagaria
======================================================
SOMENDRA DEO VERMA Son of Heman Deo Verma @ Hemon Deb Barma Resident of Village - Dalkhalapara, P.O.- Tamakri, P.s.- Side Mohanpur, Distt.- Tamakari, West Tripura, State- Tripura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar For the Opposite Party/s : Mr.Manish Kumar No2 ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
5 20-08-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 8 and 20(b)(ii)(c) of the N.D.P.S. Act.
The prosecution case in short is that 30.986 kg ganja has been recovered in this case.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.8.2019 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. The petitioner had no knowledge that the bags which were given to him contain contraband. He is
Patna High Court CR. MISC. No.22733 of 2019(5) dt.20-08-2019 2/2
a labourer.
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 in connection with Special Case No. 07/2018 arising out of Khagaria P.S. Case No. 580 of 2018. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within nine months from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving 30.986 kg of ganja under the N.D.P.S. Act.
3 provisions across 1 enactments
SOMENDRA DEO VERMA
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
