The Patna High Court granted bail to the petitioner in an NDPS case where 5 kg of ganja was recovered. The court allowed the bail application citing non-compliance regarding the preparation of a seizure list as per Section 50 of the NDPS Act.
Petitioner granted bail on Rs. 10,000 bond with two sureties of Rs. 10,000 each.
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.4191 of 2019
Arising Out of PS. Case No.-145 Year-2018 Thana- RAJAPAKAR District- Vaishali
======================================================
Mintu Kumar s/o Rambriksha Singh R/v- Daudnagar, P.S.- Bidupur, Distt. Vaishali.
... ... Petitioner/s
Versus
The State Of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar Sinha For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 07-02-2019
Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in Rajapakar (Baranti O.P.) P.S. Case No. 145/2018, instituted for offences under Section(s) 20 and 22 of NDPS Act read with Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
It is alleged in the written report that 5 kg of Ganja has been recovered from the motorcycle, which was driven by the petitioner.
Learned counsel for the petitioner has submitted that seizure-list, which is part of F.I.R., was not prepared in terms of the provision of Section 50 of NDPS Act.
Petitioner is in custody since 21.08.2018.
Considering the aforesaid facts and circumstances,
Patna High Court Cr.Misc. No.4191 of 2019(3) dt.07-02-2019 2/2
prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Vaishali at Hajipur in connection with Rajapakar (Baranti O.P.) P.S. Case No. 145/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
rakhi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail when the seizure list was not prepared in terms of Section 50 of the NDPS Act?
3 provisions across 2 enactments
Mintu Kumar s/o Rambriksha Singh
The State Of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
