Jug Raj Singh v. The Union Of India Through The Deputy Director Narcotics Control Bureau, Patna Zonal Unit, Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8770 of 2022 Arising Out of PS. Case No.-17 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== JUG RAJ SINGH Son of Sri Dalbir Singh Resident of Village- Aalma, P.O.- Kanwan, P.S.- Paini Miyakhan, District- Gurdaspur, Panjab. ... ... Petitioner/s

Versus

THE UNION OF INDIA THROUGH THE DEPUTY DIRECTOR NARCOTICS CONTROL BUREAU, PATNA ZONAL UNIT, BIHAR. D and E, Block, CGO Comples, Krapoori Thakur Sadan, Rajiv Nagar, Patna Zomal Unit, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Chandra, Adv.

For the Opposite Party/s :

Mr. Ranesh Kumar, CGC Mr. Kautilya Kumar Prasad, A.C. to CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under sections 8(c) and 20(b)(ii)(C) of the N.D.P.S. Act.

As per the prosecution case, the petitioner was the driver of the truck from which on search 300 kgs of ganja was seized.

It is submitted by learned counsel for the petitioner that the earlier applications for bail of the petitioner was rejected vide order dated 4.10.2018, 28.8.2019 and 9.3.2021 giving directions to the learned trial Court to expedite the trial and also giving liberty to the petitioner to renew his prayer for bail if the

Patna High Court CR. MISC. No.8770 of 2022(06) dt.22-06-2022 2/3 trial is not concluded within the time fixed. Inspite of petitioner being in custody since 16.9.2017, the trial has still not concluded and there is no chance of the same concluding in the near future. It is further submitted that several coaccused in this case have been enlarged on bail vide different orders contained in Annexure-3 series.

The application for bail is opposed by learned counsel for the Narcotics Control Bureau who submits that in the trial in the learned trial Court all the official witnesses have been examined and on account of nonappearance of the non official witnesses, warrant of arrest have been issued against them. As per oral instructions received it is expected that on nonapperance of the non official witnesses, the examination of the witnesses may be closed and the trial is expected to conclude in the near future. It is submitted by learned counsel that the accused persons who have been enlarged on bail, as per their defence they had been called on telephone but so far as this petitioner is concerned he was the driver of the vehicle from which large contraband was seized.

Having heard learned counsel for the parties and taking into consideration the allegation against this petitioner, his being the driver of the truck from which 300 kgs of ganja

Patna High Court CR. MISC. No.8770 of 2022(06) dt.22-06-2022 3/3 was seized, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial and conclude the same within six months.

The petitioner may renew his prayer for bail if the trial is not concluded within six months.

(Partha Sarthy, J) Bibhash/- U