Petitioner applied for bail in an NDPS case involving recovery of 517 kg of Ganja. Trial court denied bail, citing six months for trial closure due to COVID. High Court applied for expedited trial completion within one year.
Trial directed to expedite and conclude within one year from receipt of order.
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. 20288 of 2020
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, Distt- Samastipur
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Mishra, Advocate For the State : Mr. Dilip Kumar No. 1, APP For the U.O.I. : Mr. Manoj Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
10 07-04-2021 Petitioner seeks bail in a case registered for the
offence punishable under Sections 8/20/29 of the Narcotic Drugs and Psychotropic Substance 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.
The statement of petitioner and other accused persons
Patna High Court CR. MISC. No. 20288 of 2020(10) dt.07-04-2021 2/3
have been recorded under Section 67 of NDPS Act wherein all have confessed their guilt.
Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1 by a coordinate Bench of this Court.
Vide order dated 01.07.2020, report was called for from the court concerned as with regard to the stage of trial.
Report of the trial court has been received, which is kept at Flag X, extract of which is reproduced hereinbelow:-
“Most humbly and respectfully, I beg to say that the case record of NDPS case No.06/2018 (C.I.S. No.07/2018) arising out of NCB/PIO/Cr.20/2018 is pending in my file for trial and disposal.
Further, I beg to say that upon perusal of case record it appears that four P.W.’s are examined till 03 March, 2020 and two P.W.’s are rest to be examined but from 24.03.2020 to 02.06.2020 court work is paralyzed due to COVID pandemic.
Further, I beg to say that six months time is likely to be required in concluding the trial.”
In view of the above, considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.
Patna High Court CR. MISC. No. 20288 of 2020(10) dt.07-04-2021 3/3
However, the trial court is directed to expedite the trial of the petitioner and conclude the same within a period of one year from the date of receipt/production of a copy of this order.
(S. Kumar, J)
Sanjay/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner in a NDPS case where the trial court reports that six months will be required to conclude the trial due to COVID pandemic.
Whether the directions to expedite the trial are sufficient grounds for re-evaluating the bail plea.
Can the political appointment of the collector as P.W.1 without the aid of a statement be a ground for granting bail.
2 provisions across 1 enactments
Ashok Choudhary @ Ashok Kumar Choudhary
The State of Bihar
The Union of India through Narcotics Control Bureau
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
