Regular bail application in an NDPS case involving recovery of 1.490 kg charas, a commercial quantity. Citing Section 37 NDPS Act bar conditions and the Supreme Court's ruling that prolonged custody or commencement of trial are not persuasive grounds, the High Court declined bail and directed the trial court to expedite the trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30162 of 2024
Arising Out of PS. Case No.-77 Year-2023 Thana- SUGAULI RAIL P.S. District- West Champaran
======================================================
Urmila Kumari @ Urmila Devi Wife of Shankar Singh Chauhan Resident of Tower Town, House No. 20, Jalandhar, Police Station- Kingra Kurla, Dist.Jalandhar (Punjab)
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Aditya Nath Jha For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 26-06-2024
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.30162 of 2024(3) dt.26-06-2024 2/3
the alleged recovery. The petitioner is in judicial custody since 07.12.2023.
(i) There are reasonable grounds for believing that the accused is not guilty of such offence; and
(ii) He is not likely to commit any offence while on bail.
Patna High Court CR. MISC. No.30162 of 2024(3) dt.26-06-2024 3/3
of the case as well as the seized contraband is a commercial quantity i.e. 1.490 Kg. charas, I am not inclined to enlarge the petitioner above-named on bail.
and conclude the same at the earliest.
(Chandra Prakash Singh, J)
1 issue framed by the court
Whether the petitioner satisfies the Section 37 NDPS Act conditions for bail given recovery of commercial quantity (1.490 Kg) charas.
Colour shows how this judgement treated each authority
Narcotics Control Bureau v. Mohit AggrawalRelied on¶7
Narcotics Control Bureau v. Mohit Aggrawal 2022 SCC OnLine SC 891 · Who else cites this
2 provisions across 1 enactments
Urmila Kumari @ Urmila Devi
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
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