The Patna High Court rejected a bail prayer in an N.D.P.S. case where 517 kg of Ganja was recovered. The court noted confession under Section 67, prior rejection of co-accused bail, and directed expedited trial completion within one year.
Prayer for bail rejected; trial court to conclude 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.75382 of 2018
Arising Out of PS. Case No.-20 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai
======================================================
Ashok Choudhary @ Ashok Kumar Choudhary, S/o Bishwanath Choudhary, Resident of Village- Raghunathpur, P.S. Tajpur, District- Samastipur.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Arjun Prasad, Advocate. For the opposite party No. 2: Mr. Manoj Kr. Singh, C.G.C. For the State : Mr. Nawal Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
the opposite party No. 2 and the State.
The petitioner seeks bail in N.D.P.S. Case No. 6/18 (Reg. No. N.D.P.S. 7/18) arising out of NCB/PZU/Cr.No. 20 of 2018 instituted for the offence under Section(s) 8, 20, 29 of N.D.P.S. Act.
As per prosecution case, Police on confidential information searched Tata 407 and Mahindra Xylo standing on the road. It is alleged that 517 kg. of Ganja kept in 48 sealed packets have been recovered from Tata 407 vehicle. Petitioner along with three accused persons were found sitting in Mahindra Xylo standing near Tata 407. The Police arrested the petitioner and other accused persons.
Patna High Court CR. MISC. No.75382 of 2018(4) dt.27-02-2019 2/2
The statement of petitioner and other accused persons have been recorded under Section 67 of NDPS Act wherein all have confessed their guilt.
Counsel for opposite party No. 2 has appeared and submitted that prayer for bail of other co-accused persons, has already been rejected by coordinate Bench of this Court vide order dated 13.12.2018 passed in Cr. Misc. 34536 of 2018 along with Cr. Misc. 57304 of 2018.
In such circumstances, this Court is not inclined to grant bail to the petitioner at this state.
Prayer of the petitioner for grant of bail stands rejected.
The trial court is directed to expedite the trial expeditiously and make efforts to conclude the same as early as possible preferably within a period of one year from the date of receipt of this order.
Petitioner may renew his prayer for bail in the event the trial is not concluded within aforesaid period.
(Sanjay Priya, J)
S.Ali/- U T
2 issues framed by the court
Whether bail should be granted to the petitioner in an N.D.P.S. case involving 517 kg of Ganja recovery.
Whether the trial should be expedited and concluded within one year.
2 provisions across 1 enactments
ASHOK CHOUDHARY @ ASHOK KUMAR CHOUDHARY
STATE OF BIHAR
THE UNION OF INDIA THROUGH NARCOTICS CONTROL BUREAU
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
