NDPS bail plea by accused in custody since 2017 over seizure of 780 kg ganja. Bail declined, but court directed expeditious trial within a time frame and NCB to ensure presence of official prosecution witnesses.
Bail application rejected; directions issued for time-bound trial and NCB to ensure witness attendance.
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.62484 of 2024
Arising Out of PS. Case No.-15 Year-2017 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Vaishali
======================================================
ANIL SINGH @ ANIL KUMAR SINGH @ ANIL KUMAR S/O BAIDYANATH SINGH R/O VILLAGE- BALATAND, WARD NO. 03, BALATANR, P.S- BIDUPUR, DISTT.- VAISHALI AT HAJIPUR.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP For UOI : Ms. Shail Kumari, CGC ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
3 02-12-2024
Heard Mr. Radha Mohan Singh, learned counsel for
the petitioner and Ms. Shail Kumari, representing the Central Government.
Patna High Court CR. MISC. No.62484 of 2024(3) dt.02-12-2024 2/3
seizure/recovery of the ‘ganja’ which followed his arrest in the year 2017 itself, he is confining his right to the early trial.
Patna High Court CR. MISC. No.62484 of 2024(3) dt.02-12-2024 3/3
counsel for the Central Government, that is the only way to conclude the trial. Though the kind of allegation that has come in the petition, the Court has decided to decline the prayer for relief, in the considered opinion, the petitioner having remained in custody for seven long years, he is entitled to an early fair trial within a time frame. Further, the Officers who have been made prosecution witnesses and posted anywhere in the Country are duty bound to appear on the summons issued by the Trial Court diligently and without fail so that the trial is taken to its logical conclusion at an earliest. This Court repeats that the petitioner is in custody since 26.07.2017 (para-23 of the petition) and as such is definitely entitled to a fair trial.
(Rajiv Roy, J)
Ravi/- U T
1 issue framed by the court
Whether the applicant in custody for seven years in an NDPS case is entitled to bail or an early trial.
1 provisions across 1 enactments
ANIL SINGH @ ANIL KUMAR SINGH @ ANIL KUMAR
THE STATE OF BIHAR
Union of India through Intelligence Officer, Narcotics Control Bureau, Patna
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
