Shiv Shankar Lal Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51434 of 2015 Arising Out of PS.Case No. -290 Year- 2013 Thana -SHERGHATI District- GAYA ======================================================

1. Shiv Shankar Lal Gupta son of Moti Sao Resident of Village- Mandai Khurd P.S.- Sadar District- Hazaribagh (Jharkhand) .... .... Petitioner/s

Versus

1. The State of Bihar .

2. The Union of India through Secretary Department of Narcotic Drugs, ,Patna.

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Sherghaty (Dobhi) P.S. Case No.290 of 2013 instituted for the offences under Sections 15, 16 and 18 of the Narcotic Drugs and Psychotropic Substance Act.

A truck bearing registration no. Jh-02F-6304 was intercepted and seized. When the materials are unloaded huge amount of narcotics was recovered from the truck. Learned counsel for the petitioner submits that name of the petitioner has not come in the First Information Report. An affidavit was filed by the owner of the truck stating therein

Patna High Court Cr.Misc. No.51434 of 2015 (3) dt.09-02-2016 that he has handed over the truck to the petitioner for its running and in consideration thereof it was agreed by the petitioner to pay Rs.15,000/- per month which is only basis for roping the petitioner in jail. So much so from the seizure list it appears that driving licence of the petitioner was not found but he has been dragged in the present case. In view of section 37 of the Narcotic Drugs and Psychotropic Substance Act, this Court is not inclined to enlarge the petitioner on bail. Accordingly the prayer for bail is rejected. However, the trial court is directed to expedite the trial and prosecuting agency is also directed to co-operate in the disposal of the trial.

(Shivaji Pandey, J) Vinay/- U T