Bail application by an accused in custody since August 2022 in a case involving recovery of 21 kg ganja from his possession under NDPS Act provisions. Court noted the quantity was commercial and declined bail, rejecting the prayer while directing the trial court to expedite the trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9119 of 2023
Arising Out of PS. Case No.-55 Year-2022 Thana- BHANGHA District- West Champaran
======================================================
Prahalad Sah @ Prahlad Sah Son Of Late Balbir Sah Resident Of VillageChapariya Tola, P.S.- Bhangaha, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s : Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 13-09-2023 Heard learned counsel for the petitioner and
learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a
case registered for the offences punishable under
Sections 20, 22, 23, 24, 27 of the N.D.P.S. Act.
There is recovery of 21 Kgs of Ganja the possession of the petitioner and petitioner was arrested.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely
been implicated in this case. Nothing incriminating has
been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized
Patna High Court CR. MISC. No.9119 of 2023(3) dt.13-09-2023 2/2
contraband. The petitioner is languishing in custody since 29.08.2022.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that from the possession of the petitioner the Ganja was recovered. The seized Ganja comes within the purview of commercial quantity.
Considering the facts aforesaid, this Court is
not inclined to grant bail to the petitioner.
The prayer for grant of bail to the petitioner stands rejected.
The Trial Court is directed to expedite the trial
and conclude the same at the earliest.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner accused of possessing 21 kg ganja (commercial quantity) under the NDPS Act should be granted bail.
1 provisions across 1 enactments
Prahalad Sah @ Prahlad Sah
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
