Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8007 of 2023 Arising Out of PS. Case No.-3 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== AKHILESH KUMAR Son of Ramavriksha Ray R/O Village - Saidabad, Ward No.- 03, P.S.- Raghopur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rina Sinha, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner learned APP for the State.

Petitioner seeks bail who is in custody since 22.01.2022 in connection with N.D.P.S. Case No. 18 of 2022 arising out of NCB Patna Case No. 03 of 2022 for the offences punishable under Sections 8(c) read with 20(b)(ii)(c) and 25 & 29 of the N.D.P.S. Act.

The case relates to recovery of 297 Kgs. of Ganja. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that 297 Kgs. of Ganja has been recovered from the Auto in question and nothing has been

Patna High Court CR. MISC. No.8007 of 2023(3) dt.14-07-2023 2/3 recovered from the possession of the petitioner. He further submits that there is non compliance of Section 42 and 50 of the N.D.P.S. Act.

Learned Additional Public Prosecutor on the other hand vehemently opposed the prayer for bail of the petitioner and submits that the F.S.L. report confirms that the recovered contraband is Ganja and the recovered contraband is more than the commercial quantity, so there is embargo under Section 37 of the N.D.P.S. Act.

The grant of bail in NDPS cases where the recovery of commercial quantity of narcotic is alleged is circumscribed under Narcotic Drugs and Psychotropic Substance Act, 1985, Section 37 which says that before grant of bail, the Court must have reason to believe that petitioner has not committed the offence and in the event of release he would not commit similar offence.

The issue was considered by the Hon'ble Supreme Court in the case of State of Kerala and Ors. Vs. Rajesh and Ors. reported in (2020) 12 SCC, 122 as well as in the case of Narcotic Control Bureau Vs. Mohit Aggarwal reported in AIR 2022 SC 3444 and Union of India vs. Ajay Kumar Singh @ Pappu reported in 2023 SCC OnLine SC 3456 dated

Patna High Court CR. MISC. No.8007 of 2023(3) dt.14-07-2023 3/3 28.03.2023.

The recovery of huge quantity of Ganja recovered would not justify that the petitioner had no knowledge of the narcotic nor there is any material to substantiate that the petitioner would not commit such offence in the event of release.

Hence, I am not inclined to enlarge the petitioner on bail in connection with N.D.P.S. Case No. 18 of 2022 arising out of NCB Patna Case No. 03 of 2022, pending in the Court of learned Sessions Judge/Special Judge, Patna.

Prayer is refused (Rajesh Kumar Verma, J) Ibrar//- U