In an NDPS Act case where 25 grams of brown sugar was recovered, the court granted bail as Section 37 is not applicable due to the quantity being below the commercial limit.
Released on bail on furnishing bonds of Rs.10,000 with two sureties of the like amount to the satisfaction of the Additional District & Sessions Judge.
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.50125 of 2019
Arising Out of PS. Case No.-37 Year-2019 Thana- PATRAKARNAGAR District- Patna
======================================================
Mahesh Kumar S/o Ram Naresh Prasad R/o Mohalla- Khemnichak, Near Devi Asthan, P.S.- Ram Krishna Nagar, District- Patna
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md.Imteyaz Ahmad For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 09-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 20, 22 & 24 of the NDPS Act.
Allegedly, 25 gms of brown sugar was recovered from possession of the petitioner.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 17-01-2019. Charge sheet has already been submitted. 25 gms of brown sugar is said to have been recovered from possession of the petitioner. Same is below the commercial quantity. Hence Section 37 of the NDPS Act is not applicable in the present case. There is no compliance of
Patna High Court CR. MISC. No.50125 of 2019(2) dt.09-08-2019 2/2
Section 42 & 50 of NDPS Act.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-XX, Patna in connection with Patrakarnagar P.S. Case No. 37 of 2019.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case under Sections 20, 22 and 24 of the NDPS Act where the quantum is below commercial quantity.
2 provisions across 1 enactments
Mahesh Kumar
THE STATE OF BIHAR
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
