Md. Khurshid Azam v. The State of Bihar
Case brief
What is this about?
In a criminal miscellaneous matter, the High Court of Patna refused bail to the petitioner, a driver alleged to be transporting Ganja, invoking the statutory embargo under Section 37 of the NDPS Act applicable to commercial quantity offences where the public prosecutor opposed the application.
What did the court decide?
Prayer for bail of the petitioner stands rejected.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20535 of 2020
Arising Out of PS. Case No.-15 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna
====================================================== Md. Khurshid Azam Son of Md. Yusuf Resident of Village - Dilawarpur, P.S.Bahadurpur, District - Darbhanga.
... ... Petitioner/s
Versus
2 02-07-2020
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Baidya Nath Thakur For the Opposite Party/s : Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
... ... Opposite Party/s
The matter has been taken up through virtual
Court proceeding.
Since the physical court proceeding is non-
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the petitioner charged with offences involving a commercial quantity of Ganja under the NDPS Act.
Whether the embargo under Section 37 of the NDPS Act mandates denial of bail when the public prosecutor opposes release.
Whether the petitioner's claim of lack of knowledge about the nature of the transported drugs is a valid ground to relax the statutory embargo.
Parties & counsel
- petitioner
Md. Khurshid Azam
- respondent
The State of Bihar
Coram
DINESH KUMAR SINGH
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court