Kamal Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9522 of 2015 Arising Out of PS.Case No. -378 Year- 2014 Thana -BALIA District- BEGUSARAI ====================================================== Kamal Roy S/o Sushil Roy R/o Vill. - Sitla Colony Tail Tola, P.S. Alipur Dwar, Dist. - Jalpaiguri.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shubhesh Pandey, Advocate.

For the Opposite Party : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2015 Heard both sides.

The petitioner seeks bail in Ballia P.S. Case No. 378 of 2014, registered for the offences punishable under Sections 20, 22 and 24 of the Narcotic Drugs and Psychotropic Substances Act. The police intercepted a vehicle bearing Registration Number WB-74 AC 0329 and apprehended two persons namely Biren Burman, the driver and Kamal Roy who was sitting by the side of the driver. On enquiry they disclosed that packets of Ganja were kept in the vehicle, on search 104 kgs. of Ganja was recovered. The driver disclosed that he was to deliver the consignment to one Yhogi Singh. Yhogi Singh was also apprehended, but no contraband was recovered from his possession.

Patna High Court Cr.Misc. No.9522 of 2015 (4) dt.14-05-2015 2/2 Learned counsel for the petitioner submits that petitioner took lift in the vehicle. He is not at all concerned with carrying of Ganja. No seizure list was served on the petitioner. It appears that the vehicle was intercepted on highway and 104 kgs. of Ganja was recovered. The petitioner and the driver were carrying Ganja. Commercial quantity of Ganja was recovered.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T