In a bail application under the NDPS Act regarding 108.370 kg of ganja recovered from a vehicle driven by the petitioner, the court rejected the plea, noting the huge quantity of contraband and inferring possession despite the driver's claim of ignorance.
Bail prayer rejected; petitioner remained in custody.
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.15090 of 2021
Arising Out of PS. Case No.-204 Year-2020 Thana- JOKIHAT District- Araria
======================================================
Akhtar Ali S/O Afruddin @ Aburuddin R/O Village- Dagar Par, P.S-Dinhatta, District-Coochbehar (West Bengal)
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranvijay Narain Singh For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 17-11-2021 Heard both parties.
The petitioner seeks bail in Jokihat P.S. Case No. 204 of 2020 corresponding to Special Case No. 04 of 2020, registered for the offence punishable under Sections 8/20(b) (ii)C/22/23/25/29 of the NDPS Act.
As per the prosecution case, 108.370 KG of Ganja has been recovered from a Maruti Car of which this petitioner was driver and apprehended on the spot.
It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. Petitioner being driver was not aware about the nature of consignment which was being transported by the vehicle in question. Petitioner claims clean antecedent and he is in custody since 21.06.2020. Chargesheet has already been submitted.
Patna High Court CR. MISC. No.15090 of 2021(4) dt.17-11-2021 2/2
However, counsel for the State vehemently opposed the prayer for bail and submitted that huge quantity of Ganja has
been recovered from possession of this petitioner.
Considering the nature of allegation and quantity of recovery, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
vinita/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a charge for drug trafficking involving a large quantity of ganja recovered from the vehicle he was driving.
1 provisions across 1 enactments
Akhtar Ali
The State Of Bihar
Prabat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
