Allowed

Virendra Yadav v. The State of Bihar

Patna HC1 Jul 2020CR. MISC./12620/2020

Case brief

AI extract

What is this about?

This order grants provisional bail to two petitioners charged with drug offences under the NDPS Act and Drugs and Cosmetics Act in Sitamarhi, considering the small quantity of seized Nitrazepam, concluded investigation, and lack of criminal antecedents.

What did the court decide?

Petitioners granted provisional bail for three months on furnishing one surety, to be confirmed provisionally with a bond of Rs.10,000 and two sureties within three months.

Virendra Yadav Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12620 of 2020

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Arising Out of PS. Case No.-257 Year-2019 Thana- SONBERSA District- Sitamarhi

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======================================================

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VIRENDRA YADAV S/o Sibit Rai Ward No.-2 Resident of VillageBarhathwa, P.S.- Barhathwa, Distt- Sarlahi (Nepal)

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Md. Hasan Kavari @ Hasan Kavari S/o Sadik Kavari Ward No.-4, Resident of Village- Barhathwa, P.S.- Barhathwa, Distt- Sarlohi (Nepal)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Mr. Mahendra Thakur For the Opposite Party/s : Mr.Amitesh Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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3 01-07-2020

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The matter has been taken up through virtual Court proceeding.

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Heard learned counsel for the petitioners and learned counsel for the State.

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The petitioners are languishing in jail since 19.11.2019 in a case registered for the offences punishable under Sections 336,418 and 414 of the IPC, Sections 18(c), 27(b)(ii) and 18(A) of the Drugs and Cosmetic Act and Section 28 of the NDPS Act, 1885 (hereinafter referred to as the Act). Hence, prayer for bail has been made.

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The prosecution case, as per the written report of Sunil Kumar, Drug Inspector, Sitamarhi submitted to the SHO,

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Patna High Court CR. MISC. No.12620 of 2020(3) dt.01-07-2020 2/5

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Sonvarsha Police Station is to the effect that on 18.11.2019 at 3.05 P.M., the informant received an information from Rohit Kumar Yadav of SSB Force, Sonbarsha camp to the effect that on the Indo-Nepal border, two persons have been apprehended with intoxicants and drugs and, consequently, the informant reached on the spot and appreended the pettioners and other coacused person who disclosed their names as Md. Hasan Kavari alias Hsan Kavari and Virendra Yadav (petitioners) and from the possession of the petitioners, 750 Nitrazepan tablets were recovered.

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It is submitted by learned counsel for the petitioners that the seized tablets were for the personal use and only on the basis of suspicion, the petitioners have been arrested. The investigation has already been concluded. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

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Learned APP submits that recovery of huge quantity of Nitrazepan tablets suggests that drug trafficking was going on.

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Having heard learned counsels for the parties, this Court finds that Section 8 of Act prohibits certain operation, which mandates that the possession or transportation of narcotic drugs or psychotropic substance is prohibited except

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Patna High Court CR. MISC. No.12620 of 2020(3) dt.01-07-2020 3/5

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for medical or scientific purposes for which one holds valid licence or permit. In the present case, the petitioners failed to produce any document to that effect. The tablets which were seized from the possession of the petitioners are Nitrazepam, which is item number 64 in the list of of psychotropic substances given in Schedule appended to the effect made under Clause (xxiii) of Section 2 of the Act. The chemical name of the same has been given as below -

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“1, 3-Dihydro-1-methyl 7-nitro-5-phenyl-2H1,4-benzodiazepine-2-one”

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The Table made in exercise of the powers conferred by clauses (viia) and (xxiiia) of Section 2 of the Act prescribes International non-proprietory name of the drug, its chemical name and small and commercial quantity. Serial number 220 of the said table reflects the chemical name of Nitrazepam tablets as the same as that of INN of the item no. 64 of the list of psychotropic substances and for such drug, the small quantity is 10 gram and commercial quantity is 250 gram. From the FSL report, it appears that the tablet seized from the possession of the petitioners contain the chemical properties as alleged as each tablet weighing 9.20 mg Nitazepam, hence multiplying with the number of seized 750 tablets, the total weight of the seized

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Patna High Court CR. MISC. No.12620 of 2020(3) dt.01-07-2020 4/5

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material comes to 6.9 gram, meaning thereby, that the seizure is of the small quantity.

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Considering the seizure small quantity, the investigation already being concluded, the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, coupled with the period in custody, let the petitioner above named be released on bail, for the present, provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Ist Additional Sessions Judge-cum-Special Judge, Drugs and Cosmetic Act, Sitamarhi in connection with Sonbarsa P.S. Case No. 257 of 2019.

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However, in view of the present pandemic COVID19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-Mode.

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The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge-cum-Special Judge, Drugs and

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Patna High Court CR. MISC. No.12620 of 2020(3) dt.01-07-2020 5/5

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Cosmetic Act, Sitamarhi including one surety given at the time of provisional bail.

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The learned Court below will be at liberty to further

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extend the period of provisional bail if the Court proceeding in physical mode will not resume in next three months.

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(Dinesh Kumar Singh, J)

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anil/-

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Virendra Yadav v. The State of Bihar

Case brief

What is this about?

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Virendra Yadav v. The State of Bihar

Case brief

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