The High Court, Patna, rejected the petitioner's bail application in an NCB case involving the seizure of 994 kg of ganja, holding that the huge quantity warranted denial despite the petitioner's claim of ignorance.
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.2642 of 2022
Arising Out of PS. Case No.-24 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad
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PAPPU SAHNI Son of Suresh Sahani Resident of Village - Sumerpati, P.O.Sitalpur, P.S.- Dariyapur, Distt.- Saran (Chapra).
... ... Petitioner/s
Versus The Govt. of India, Ministry of Home Affairs Narcotics Control Deptt., Patna. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjit Kumar, Advocate For the NCB : Mr. Manoj Kumar Singh, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 25-05-2022
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court.
The petitioner seeks bail in a case registered for the offences punishable under Sections 8(c), 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Learned counsel for the petitioner submits that the petitioner is in custody since 25.10.2021, charge-sheet has been submitted and is a person with clean antecedent.
The informant alleges that on the basis of secret information, he reached at the place of occurrence and apprehended the petitioner along with Bhuteli Sahani and recovered 994 Kg. of Ganja from the Tata Hyva Dumper.
Patna High Court CR. MISC. No.2642 of 2022(2) dt.25-05-2022 2/2
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case as he is the cleaner (Khalasi) of the Tata Hyva Dumper and, as such, was not knowing what was being carried in the Tata Hyva Dumper.
Learned Central Government Counsel vehemently opposes the prayer for regular bail of the petitioner and submits that petitioner was apprehended from the Tata Hyva Dumper which was carrying huge quantity of Ganja.
Considering the recovery of huge quantity of Ganja, the Court is not inclined to grant bail to the petitioner in connection with NCB Case No. 24 of 2021 pending in the Court of learned 1st Additional Sessions Judge-cum-Special Judge (N.D.P.S.), Aurangabad/successor Court.
Accordingly, prayer for bail is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
3 issues framed by the court
Whether bail should be granted to a petitioner arrested under the NDPS Act in connection with the recovery of a huge quantity of ganja.
Whether the petitioner's claim of being a driver unaware of the contents warrants bail.
Whether the size of the narcotic recovery is sufficient to deny bail.
1 provisions across 1 enactments
Pappu Sahni
The Govt. of India, Ministry of Home Affairs Narcotics Control Deptt., Patna
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
