The High Court rejected bail for the petitioner, driver of a vehicle seized with 94.400 kg of Ganja. The court noted the huge recovery and directed the trial court to conclude the trial within nine months.
Prayer for bail rejected. Trial directed to be concluded 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.24483 of 2019
Arising Out of PS. Case No.-32 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia
======================================================
SITTU KUMAR Son of Ram Kumar Resident of Village - Jethuli, P.O.Kacchi Dargah, P.S.- Fatuha, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar For the Opposite Party/s : Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
6 16-08-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Special Case no. 09 of 2018 arising out of case no. NCB crime no. NCB/PZU/V/32 of 2018 instituted for the offence under Section(s) 8 and 20 of the NDPS Act.
It is alleged in the written report that one Tata Sumo four wheeler vehicle was intercepted by the police and total 94.400 kg of Ganja has been recovered. The petitioner along with another co-accused, namely Sunny Kumar was found sitting on the vehicle. The petitioner is alleged to be driver of the said vehicle.
Petitioner is in custody since 11.7.2018.
Patna High Court CR. MISC. No.24483 of 2019(6) dt.16-08-2019 2/2
Report called for from the court below has been received from which it appears that charge has been framed in this case on 21.5.2019. The trial court has mentioned in the report that trial is likely to be concluded within eight months.
Considering the recovery of huge quantity of Ganja from Tata sumo vehicle, of which this petitioner was driver, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.
Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of nine months from the date of receipt of copy of this order and send compliance report.
Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period.
(Sanjay Priya, J)
shyambihari/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused in a special case involving drug trafficking under the NDPS Act.
Whether the trial court directing expedited trial was sufficient grounds to deny bail.
1 provisions across 1 enactments
Sittu Kumar
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
