Subodh Kumar @ Subodh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19750 of 2021 Arising Out of PS. Case No.-8 Year-2020 Thana- D.R.I District- Patna ====================================================== SUBODH KUMAR @ SUBODH PANDIT S/o Ramnath Pandit Resident of Village- Bahrampur, P.S.- Rustampur, District- Vaishali. ... ... Petitioner/s

Versus

1.THE STATE OF BIHAR 2.The Intelligence Officer, DRI, RU, Patna through Union of India. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kamal Nayan,Adv For the Informant : Mr. Ranvir Kumar, Adv For the Opposite Party/s :

Mr.Yogendra Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner seeks bail in connection with (N.D.P.S.) Special Case No.128 of 2020 arising out of F.No.DRI/LZU/PRU/718(ii)/ENQ-08/2020 registered for the offence under Sections 20,25,29 of N.D.P.S. Act. The allegation is regarding recovery of 1016.400 Kgs of Ganja.

Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. The huge quantity of Ganja is said to be recovered from a vehicle. Two persons were arrested from the vehicle. 1016.400 Kgs of Ganja was recovered from the

Patna High Court CR. MISC. No.19750 of 2021(8) dt.23-02-2022 2/3 vehicle in question and the petitioner is in the vehicle. He further submits that the petitioner has no concern with the recovered articles.

The grant of bail in NDPS cases where the recovery of commercial quantity of narcotic substance is alleged is circumscribed under Narcotic Drugs and Psychotropic Substances 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 & Ors, reported in 2020(12) SCC 122.

The recovery of huge quantity of Ganja from the vehicle in question and the petitioner, who is co-passenger, it has not justified 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.

Learned counsel for the Union of India as well as learned A.P.P. for the State have vehemently opposed the prayer for bail of the petitioner on the ground that the recovered Ganja

Patna High Court CR. MISC. No.19750 of 2021(8) dt.23-02-2022 3/3 is more than commercial quantity.

Hence, I am not inclined to enlarge the petitioner on bail in connection with (N.D.P.S.) Special Case No.128 of 2020 arising out of F.No.DRI/LZU/PRU/718(ii)/ENQ-08/2020 pending in the court of learned Sessions Judge, Patna. Prayer is refused.

However, the learned Trial Court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Nitesh/- U T