Jahrul Sheikh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20921 of 2024 Arising Out of PS. Case No.-2253 Year-2023 Thana- Excise P.S. District- Purnia ====================================================== Jahrul Sheikh son of Rashid Sheik, D/o- Yogesh Chandra Sen, Wife of Asit Mitra Village- Chanderkutti Nagerbari W.No-2, Ps- Dinhattaj Dist- Kuchbihar W.B ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikram Singh, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Excise Sadar P.S. Case No.2253 of 2023 instituted for the offences under Sections 8/20(b)(C)/25 N.D.P.S. Act.
3. Prosecution case, in short, is that 78.506 Kilograms Ganja come for smuggling from the four wheeler vehicle bearing Registration No. WB-70L-0598 was seized by the police.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to ulterior motive of the informant. Petitioner is neither possessed nor transporting the above alleged seized Ganja from the said vehicle and they were passengers of the said vehicle and they
Patna High Court CR. MISC. No.20921 of 2024(2) dt.21-03-2024 2/2 had no knowledge about the incriminating article. Petitioner is in custody since 05.10.2023 and has no criminal antecedent. There is no compliance of sections 42 and 50 of the NDPS Act.
5. Learned APP for the State has vehemently opposes the prayer for grant of bail to the petitioner and submits that the recovered contraband is above the commercial quantity. Hence, there is a bar under Section 37 of the NDPS Act.
6. Considering the recovery of contraband Ganja from the alleged car, while these petitioner was transporting the same from one state to another for smuggling and the petitioner arrested by the informant with the help other police personnel on chase, while they tried to flee away after leaving the vehicle, so I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer of bail of the petitioner is hereby, rejected.
(Rudra Prakash Mishra, J) Prakash Narayan U T