Patna High Court/16440/2021dismissed

Dharmendra Roy @ Dharmendra Kumar v. The Union Of India Through N.C.B., Patna.

2021-09-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16440 of 2021 Arising Out of PS. Case No.-12 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== DHARMENDRA ROY @ DHARMENDRA KUMAR Son of Netilal Roy Resident of Village - Dharmpur Dakhily, P.S.- Tajpur, Distt.- Samastipur. (Bihar) ... ... Petitioner/s

Versus

The Union of India through N.C.B., Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Advocate.

For the UOI :

Mr.Anshuman Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-09-2021 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 8/20/29 of the N.D.P.S. Act. Petitioner is driver of the truck which was carrying commercial quantity of ganja.

Considering merit of the case in details, prayer for bail was refused on 20.07.2020 in Cr. Misc. No. 20539 of 2020. This Court had considered the ratio decided in STATE OF KERALA ETC. Vs. RAJESH ETC. by the Hon'ble Supreme Court and the applicability of Section 37 of the N.D.P.S. Act when allegation is of recovery of commercial quantity of narcotics.

Prayer for bail is on the ground that the trial is still lingering in spite of direction by this Court for early conclusion

Patna High Court CR. MISC. No.16440 of 2021(4) dt.08-09-2021 2/2 of the trial and the petitioner is in custody since 20.07.2017. Learned counsel for the respondent submits that he has filed a counter affidavit disclosing therein that only one prosecution witness is yet to be examined and that witness is likely to be produced very soon.

Considering the entire facts, I am not inclined to enlarge the petitioner on bail in connection with Official Complaint No.C2A/12/2017.

Hence, prayer is refused.

Learned trial Court is directed to conclude the trial preferably within six months.

(Birendra Kumar, J) mantreshwar/- U T