Petition for bail in NDPS case involving 1.900 kg charas. Court declined bail due to commercial quantity under Section 37 NDPS Act. Directed trial conclusion within nine months.
Bail application rejected. Trial to conclude within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 3009 of 2019
Arising Out of PS. Case No.-183 Year-2018 Thana- CHANPATIA District- West Champaran
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Shakti Kumar @ Shakti Yadav Lathu Yadav, Resident of Village- Joshab Ganj, Ps.- Kodha, District- Katihar.
... ... Petitioner/s
Versus
... ... Opposite Party/s
| =============== Appearance : |
======================================= |
|---|---|
| For the Petitioner For the State |
: Mr. Vindhya Keshri Singh, Sr. Advocate Mr. Birendra Kumar Singh, Advocate : Mr. Akbar Ali, APP |
| For Union of India =============== |
: Mr. Rakesh Kumar Sinha, CGC ======================================= |
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
8 16-07-2019 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in Chanpatia P.S. case No.183 of 2018 registered under Sections 20,22, 23, 24, 27 of N.D.P.S. Act pending in the court of Sessions Judge, West Champaran at Bettiah.
Allegation is that 1.900 kg of charas has been recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.05.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has
Patna High Court CR. MISC. No. 3009 of 2019(8) dt.16-07-2019 2/2
falsely been implicated in the present case. There is no compliance of Sections 42 and 50 of N.D.P.S. Act.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. There is recovery of 1.900 kg of charas. Same is beyond the commercial quantity. In the light of Section 37 of N.D.P.S. Act, the petitioner is not entitled for bail.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.
The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
Narendra/-
3 issues framed by the court
Whether bail should be granted to the petitioner under Sections 20, 22, 23, 24, 27 of N.D.P.S. Act given the recovery of 1.900 kg of charas.
Whether the petitioner is entitled to relief under Sections 42 and 50 of N.D.P.S. Act.
Whether the impugned order under Section 37 of N.D.P.S. Act obligates the petitioner to remain in custody.
6 provisions across 1 enactments
Shakti Kumar @ Shakti Yadav
The State Of Bihar
The Union of India
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
