This criminal miscellaneous petition for bail in an N.D.P.S. case involving 2.938 kg of charas was dismissed. The single judge held that since the quantity was above the commercial threshold, bail under Section 37 of the N.D.P.S. Act could not be granted.
The petition for bail is rejected; the Trial Court is directed to conclude the trial 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.4934 of 2019
Arising Out of PS. Case No.-179 Year-2018 Thana- SONBERSA District- Sitamarhi
======================================================
Binod Sah Son of Ramanand Sah Resident of Village - Luxmipur, P.O. and P.S.- Malangwa, District - Sarlahi (Nepal)
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok For the Opposite Party/s : Mr.C. Jawahar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 15-04-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 8(C) 20(B), (III), 22(C) of the N.D.P.S. Act.
The prosecution case in short is that 2.938 kg charas has been recovered in this case.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.9.2019 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. 2.938 kg charas is alleged to have been recovered. The petitioner has been made accused due to mistake of fact. There is no compliance of Sections 42 and 50 of
Patna High Court CR. MISC. No.4934 of 2019(3) dt.15-04-2019 2/2
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 when the alleged quantity of charas exceeds the commercial quantity under Section 37 of the N.D.P.S. Act.
Whether non-compliance of Sections 42 and 50 of the N.D.P.S. Act attracts a presumption of innocence for bail purposes.
5 provisions across 1 enactments
Binod Sah
The State Of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
