Sanjeev Yadav @ Sanjiv Yadav v. The Union Of India, Through The Intelligence Officer, Narcotics Controal Bureau, Patna Zonal Unit

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5536 of 2020 Arising Out of PS. Case No.-16 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== SANJEEV YADAV @ SANJIV YADAV Son of Yugeshwar Ray @ Yugeshwar Rai Resident of Village - Bihwarpur, P.S.- Biddupur, DistrictVaishali ... ... Petitioner/s

Versus

The Union of India, through the Intelligence Officer, Narcotics Control Bureau, Patna Zonal Unit Department of Internal Security D and E Block, CGO Complex, Krapoori Thakur Sadan, Rajiv Nagar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Kumari Singh, Advocate.

For the Opposite Party/s :

Mr.S.D. Sanjay(Addl. Sol. Gen) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-06-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 8/20(b)(ii)(c) of the N.D.P.S. Act.

The petitioner is driver of the truck from which 1022 Kg. of ganja was recovered. Petitioner is in custody since 01.09.2017. In the past, prayer for bail was refused on 11.12.2018 in Cr. Misc. No. 74142 of 2018 with direction to the trial Court to expedite the trial and conclude the same within nine months and liberty was allowed to the petitioner to renew

Patna High Court CR. MISC. No.5536 of 2020(4) dt.16-06-2020 2/3 prayer for bail, if the trial is not concluded within the aforesaid period.

Learned counsel for the petitioner prays for bail on the ground of long detention of the petitioner and nonconclusion of the trial within the time frame. Learned Additional Solicitor General appearing for the Union of India has filed supplementary counter affidavit giving details of progress of the trial. After perusal of the same, it cannot be blamed on the prosecution for non-conclusion of the trial within aforesaid period.

Considering the fact that minimum punishment prescribed for the said offence is 10 years as well as considering the fact that only long detention cannot be a ground for grant of bail unless the Court is satisfied with the conditions mentioned under Section 37 of the N.D.P.S. Act in the matter of recovery of Narcotics of commercial quantity, I am not inclined to enlarge the petitioner on bail in connection with Special Case No. 130 of 2017, Trial No. 76/2019 arising out of F. No. NCB/PZU/V/16/2017).

Prayer for bail of the petitioner is refused. Learned trial Judge is directed to expedite the trial and the learned Sessions Judge of the said Division is requested not

Patna High Court CR. MISC. No.5536 of 2020(4) dt.16-06-2020 3/3 to transfer the case in casual manner unless extreme necessity is there arising out of vacation of the court by the Presiding Officer or any other reasonable ground.

(Birendra Kumar, J) mantreshwar/- U T