The court rejected the petitioner's bail plea in the NDPS case, citing the facts of recovery of ganja. However, due to prolonged custody, the Special Judge was directed to conclude the trial within one year.
Bail rejected; Trial directed to be concluded 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.18595 of 2022
Arising Out of PS. Case No.-219 Year-2020 Thana- DAGARUA District- Purnia
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Sadikul Miyan @ Sadikul Miya @ Sabikul Miyaz Son of Ajid Hussain Miyan Resident of Village - Bhitar Kamata Gossanimari, P.S.- Dinata, District - Cooch Bihar (West Bengal)
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar, Advocate For the Opposite Party/s : Mr.Md. Ataur Rahman, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 27-07-2022 Heard learned counsel for the petitioner and the State.
The petitioner is in custody in connection with Special Case No. 26 of 2020 CIS No. 26 of 2020 arising out of Dagarua P.S. Case No. 219 of 2020 under sections 8/20(b) (ii) (C) 25/29 of the N.D.P.S. Act.
The allegation in the FIR is that the police upon information intercepted a car carrying ‘Ganja’. The driver of the said vehicle tried to escape but was apprehended and upon his confession, the ‘Ganja’ was recovered/seized from the secret cell made the between back seat and the dicky of the car. Altogether 12 packets were seized weighing 58.700 kgs. ‘Ganja’ as no valid paper was produced and the packets were kept in the secret cell of the vehicle, following the provisions of the NDPS
Patna High Court CR. MISC. No.18595 of 2022(2) dt.27-07-2022 2/2
Act, the same was recovered/seized as also the vehicle in question and the petitioner was taken into custody.
Taking into account the aforesaid fact, this Court is not inclined to grant him the privilege of bail and the same is according rejected.
Learned counsel for the petitioner submits that he is in custody since the date of the occurrence i.e. 21.12.2020.
Taking into account the fact that the petitioner is in custody since December, 2020, the Special Judge, NDPS Act, Purnea is directed to take up the matter and conclude the trial, preferably within a period of one year.
(Rajiv Roy, J)
Ravi/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged under the NDPS Act.
Whether directions are necessary to conclude the trial within a reasonable period.
1 provisions across 1 enactments
Sadikul Miyan @ Sadikul Miya @ Sabikul Miyaz
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
