Mursaleen Ahemad @ Mursaleem Ahemad Vs The Union Of India… — Bail and Remand | Patna HC (2024)

Mursaleen Ahemad @ Mursaleem Ahemad Vs The Union Of India… — Bail and Remand | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each, to the satisfaction of the Sessions Judge/Special Judge, East Champaran at Motihari, in connection with N.C.B. Case No. PZU/V/16 of 2023, N.D.P.S. GR Case No. 107 of 2023, subject to the conditions laid down under U/s 437(3) Cr.P.C.

Issue for consideration

Whether the petitioner should be granted regular bail in connection with N.C.B. Case No. PZU/V/16 of 2023 / N.D.P.S. GR Case No. 107 of 2023 for the offences punishable under Sections 21(C), 25 & 29 of the N.D.P.S. Act, 1985. +1 more

Court's answer

In the present facts and circumstances of the case, the petitioner is granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each, to the satisfaction of the Sessions Judge/Special Judge, East Champaran at Motihari.

Ratio / Principle

The bail grant in favour of the petitioner is made subject to the conditions as laid down under Section 437(3) Cr.P.C., in connection with N.C.B. Case No. PZU/V/16 of 2023, N.D.P.S. GR Case No. 107 of 2023.

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.) — Criminal Miscellaneous No. 44531 of 2024, decided 02-12-2024. Regular bail granted to Mursaleen Ahemad @ Mursaleem Ahemad in N.C.B. Case No. PZU/V/16 of 2023 / N.D.P.S. GR Case No. 107 of 2023 (PS Case No.-16 Year-2023, Thana-N.C.B (Government Official), District-Patna) for offences punishable under Sections 21(C), 25 & 29 of the N.D.P.S. Act, 1985. Prosecution record: 5000 pieces of Phensedyl cough syrup kept in fifty boxes (100 pieces each) and 1460 packets of Everyday milk powder recovered, the seal/composition stating Codeine-10 grams. Petitioner's counsel argued the recovered quantity was 'basically small quantity' of N.D.P.S. material per the NCB counter-affidavit formulation (5 ml shall contain 10 mg of codeine phosphate), that the petitioner is not named in the FIR and figured only via a confessional statement identifying him as partner of the delivery-destination shop, that his criminal antecedent is clean and he is in custody since 30.01.2024; counsel for the Union of India through NCB opposed bail noting 5000 bottles recovered from the truck cartoon. In the present facts and circumstances, bail allowed on bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge/Special Judge, East Champaran at Motihari, subject to conditions laid down U/s 437(3) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44531 of 2024

Arising Out of PS. Case No.-16 Year-2023 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna

======================================================

Mursaleen Ahemad @ Mursaleem Ahemad son of Mustakeen Ahmad VillageRuppur Ps- Ruppur Dist- Muradabad U.P

... ... Petitioner/s

Versus

The Union Of India Through NCB, Patna, Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Singh, Adv. For the Opposite Party/s : Mrs. Shail Kumari, C.G.C ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

4 02-12-2024

Heard Learned Counsel for the petitioner and Learned Counsel for the Union of India through N.C.B.

The petitioner seeks regular bail in connection with N.C.B. Case No. PZU/V/16 of 2023, N.D.P.S. GR Case No. 107 of 2023, for the offences punishable under Sections 21(C), 25 & 29 of the N.D.P.S. Act, 1985.

As per the prosecution, 5000 pieces of Phensedyl cough syrup kept in fifty boxes of coot 100 pieces each and 1460 packets of Everyday milk powder kept in the box of coot have been recovered and from the seal of cough syrups in the composition, Codeine-10 grams was written.

Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.44531 of 2024(4) dt.02-12-2024 2/3

submits that under wrong impression, this case has been lodged otherwise, the quantity which has been recovered is basically small quantity of the N.D.P.S. material as per the formulation submitted in the counter affidavit by the N.C.B which contains 5 ml shall contains 10 mg of codeine phosphate. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 30.01.2024.

Learned Counsel for the Union of India through N.C.B opposes the prayer for bail of the petitioner and submits that 5000 bottles of Phensedyl cough syrup have been recovered from the cartoon on the truck and bail application of the petitioner may be rejected.

In response thereof, Counsel for the petitioner submits that petitioner is not named in the FIR and his name has been figured in this case only by virtue of suspicion as in the confessional statement, it has come that he is partner of the shop for which the alleged medicine was going to be delivered.

In the present facts and circumstances of this case, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge/Special Judge, East Champaran at Motihari in connection

Patna High Court CR. MISC. No.44531 of 2024(4) dt.02-12-2024 3/3

with N.C.B. Case No. PZU/V/16 of 2023, N.D.P.S. GR Case No. 107 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J)

Divyansh/-

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