This court rejected the bail application of the petitioner, holding that the recovered quantity of contraband (20.568 kg) was above the prescribed commercial quantity, making the petitioner non-bailable under Section 37 of the N.D.P.S. Act.
Prayer of bail rejected. Trial directed to conclude within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5041 of 2022
Arising Out of PS. Case No.-86 Year-2021 Thana- SONPUR RAIL P.S. District- Saran
======================================================
Raja Kumar @ Raju Kumar S/o- Anil Kumar Ray Resident of VillageChandpura, P.S.- Raghopur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
4 17-10-2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sonepur (Hajipur) P.S. Case No. 86 of 2021 registered for the offence under Sections 8/20 (b), 11(c) and 22 of the Narcotic Drugs and Psychotropic Substance Act.
The accused/petitioner is named in the F.I.R. and is in custody since 29.08.2021.
The allegation against the petitioner is to have in possession of contraband i.e., ganja, total of 22 kg, where net weight after deducting the weight of plastic bag stands as 20.568 kg, as per report dated 14.10.2022 in furtherance of order of this Court dated 19.09.2022.
Patna High Court CR. MISC. No.5041 of 2022(4) dt.17-10-2022 2/3
Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in present case, for the reason that the same has not been recovered from the conscious physical possession of this petitioner, as alleged bag not found connected in any manner with the petitioner during the course of investigation. It is also submitted that seizure list appears disputed for the reason that both witnesses of seizure list are of far location i.e., Saran, having no occasion to be present at place of recovery, which is Vaishali. It is submitted that the compliance of Section 42 and 50 of the N.D.P.S. Act was not made in present case. It is also pointed out that after deduction of the weight of plastic bag, the weight of contraband comes to 20.568 kg, which is marginal high above prescribed commercial quantity just to implicate this petitioner. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned Additional Public Prosecutor, while opposing the prayer of bail submitted that even after deducting the weight of plastic bag as per order dated 19.09.2022, the weight of contraband i.e., ganja comes to 20.568 kg, which is above than prescribed commercial quantity, where the provision of Section 37 of the N.D.P.S. Act put a barrier.
Considering the facts and circumstances as mentioned
Patna High Court CR. MISC. No.5041 of 2022(4) dt.17-10-2022 3/3
above, as recovered quantity of alleged contraband i.e., ganja is more than commercial quantity and also by taking a guiding note of Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner, at present.
Accordingly, prayer of bail of the petitioner is rejected
herewith.
Learned Trial Court is directed to proceed with the matter, by taking it on board, if required, on daily basis, so as trial may conclude within nine months after receiving a copy of this order.
Superintendent of Police (Rail), Muzaffarpur is directed to produced the charge-sheeted witnesses, as and when directed by the learned Trial Court/Special Court, for expeditious disposal of trial, within specified time, as directed above.
The presence of I.O./Dy. S.P., Rail before this Court is dispensed of, accordingly.
(Chandra Shekhar Jha, J)
pooja/-
U T
1 issue framed by the court
Whether bail can be granted to the petitioner when the recovered quantity of ganja exceeds the prescribed commercial quantity and thus triggers non-bailable provisions or barriers under Section 37 of
6 provisions across 1 enactments
Raja Kumar @ Raju Kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
