Hon'ble Justice R.K. Verma denied bail to petitioners Satyendra Ray and Jagdish Kumar accused in an NDPS case involving 382.500 kg of ganja recovery. The court held that commercial quantity recovery circumscribes bail grant under Section 37.
Prayer for bail was refused.
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.10348 of 2023
Arising Out of PS. Case No.-5 Year-2021 Thana- D.R.I District- Patna
======================================================
... ... petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the petitioner/s : Mr. Avanish Kumar Singh, Advocate For the Opposite Party/s : Mr. Ramchandra Sahni, APP For the DRI : Mr. Ranvir Kumar, Sr. Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
6 27-07-2023 Heard learned counsel for the petitioners, learned counsel appearing on behalf of Directorate of Revenue Intelligence as well as learned APP for the State.
Patna High Court CR. MISC. No.10348 of 2023(6) dt.27-07-2023 2/4
4. Recovery is of 382.500 kg of Ganja.
petitioner, namely, Satyendra Ray carries 3 cases and petitioner, namely, Jagdish Kumar carries 1 case other than the present one and they have falsely been implicated in the present case. He further submits that from perusal of the F.I.R as well as seizure list nothing has been recovered from the possession of the petitioners rather the recovery has been made from the truck in question and the petitioners have no concern at all with the alleged recovery of the contraband.
Patna High Court CR. MISC. No.10348 of 2023(6) dt.27-07-2023 3/4
2022 and the CRCL report dated 25.10.2021 also confirms that the recovered contraband is Ganja and the recovered contraband is more than the commercial quantity, so there is embargo under Section 37 of the N.D.P.S. Act.
Patna High Court CR. MISC. No.10348 of 2023(6) dt.27-07-2023 4/4
release.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
2 issues framed by the court
Whether bail should be granted to petitioners accused of possessing commercial quantity of ganja under the NDPS Act.
Whether the recovery of commercial quantity of ganja precludes the grant of bail under the NDPS Act.
Colour shows how this judgement treated each authority
State of Kerala and Ors. Vs. Rajesh and Ors.Referred¶24
(2020) 12 SCC, 122 · Who else cites this
Narcotic Control Bureau Vs. Mohit AggarwalReferred¶24
AIR 2022 SC 3444 · Who else cites this
Union of India vs. Ajay Kumar Singh @ PappuReferred¶24
2023 SCC OnLine SC 3456 · Who else cites this
2 provisions across 1 enactments
Satyendra Ray
Jagdish Kumar
The State of Bihar
The Union Of India
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
