Amit Kumar v. The Union Of India, Through The Deputy Director, Directorate Of Revenue Intelligence, Regional Unit

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16374 of 2024 Arising Out of PS. Case No.-16 Year-2023 Thana- D.R.I District- Patna ====================================================== Amit Kumar, aged about 28 years, Gender-Male, Son of Vishnu Prasad Singh @ Vishnu Singh, Resident of Village- Khilwat, Ward No. 1, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

The Union of India, through the Deputy Director, Directorate of Revenue Intelligence, Regional Unit, Patna.

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the UOI :

Dr. K.N. Singh, ASG Mr. Anshuman Singh, Sr. DRI Mr. Ranjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Union of India.

2. The petitioner seeks bail in connection with F. No. DRI/LZU/PRU/718(ii)/ENQ-26/2023 arsing out of DRI Patna Unit Case No. 16 of 2023-2024 instituted for the offences punishable under Sections 21, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. As per the prosecution case, total 311.70 gm heroin has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.16374 of 2024(2) dt.15-03-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. It is further submitted that no any incriminating article has been recovered from the conscious possession of the petitioner. He next submits that Section 50 and Section 100 of the NDPS Act has not been complied by the police and the petitioner was not traveling with the other co-accused persons, who have been alleged to be traveling with the so called seized articles. Petitioner is in custody since 03.11.2023.

5. Learned APP for the State and learned counsel for the Union of India vehemently opposed the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Sessions Judge/Special Judge (NDPS) Patna dated 21.12.2023, it appears that large quantity of heroin was recovered from the possession of the petitioner. It is commercial quantity under the NDPS Act. The allegation against the petitioner is so serious in nature, therefore the petitioner does not deserve for bail.

7. Considering the nature of accusation, gravity of offence, quantum of recovery of heroin i.e. 311.70 gm which falls under the category of commercial quantity as per the

Patna High Court CR. MISC. No.16374 of 2024(2) dt.15-03-2024 3/3 Narcotic Drugs and Psychotropic Substances, Act, 1985, I am not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Anand Kr.

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