Patna High CourtCR. MISC./39282/2016dismissed

Dhrub Yadav v. The Union Of India Through Ashutosh Kumar, Intelligence Officer, Dri, Regional Unit, Muzaffarpur

2016-09-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39282 of 2016 Arising Out of PS.Case No. -4 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Dhrub Yadav, S/o Late Shankar Yadav, resident of village- Basantpur, P.S.- Sathi, District- West Champaran (Bihar) .... .... Petitioner/s

Versus

The Union of India through Ashutosh Kumar, Intelligence officer, DRI, Regional Unit, Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shri Prakash Tiwari, Advocate For the Opposite Party/s : Mr. S.D. Sanjay (Addl. S. G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 17.06.2015 in a case registered for the offences punishable under Sections 20 (ii) (c), 25 of the Narcotics Drugs and Psychotropic Substances Act.

The prosecution case is that the informant being the Intelligence Officer of the Director of Revenue Intelligence on the basis of secret information conducted raid in the Farm house of the petitioner Dhrub Yadav and seized 37.8 Kg. of charas in 20 small packets. It is submitted by the learned counsel for the petitioner that the seizure was actually made from the cattle shed of the petitioner, which is an open place. The petitioner is 80 years of age having no criminal antecedent.

Patna High Court Cr.Misc. No.39282 of 2016 (2) dt.08-09-2016 Statement to that effect has been made in para-3 of the petition.

Mr. Ram Anurag Singh, learned counsel for the Director of Revenue Intelligence, submits that recovery has been made from the Farm house of the petitioner. Considering the commercial quantity of recovery of charas, in view of the embargo under Section 37 of the Narcotics Drugs and Psychotropic Substances Act this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application is dismissed. But, keeping in view of the advance age of the petitioner, it is expected from the learned trial court to expedite the trial and conclude the same expeditiously. (Dinesh Kumar Singh, J) P.K./- U T