Praveen Singh v. The Union Of India, Narcotics Control Bureau, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10795 of 2023 Arising Out of PS. Case No.-22 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== PRAVEEN SINGH S/o Shyamendra Kumar R/o Flat No. 3D, Aakriti039s Pranjal, S.K. Puram Lane no. 15 Arya Samaj Mandir, Bailey Road, Patna, P.S.- Danapur, Distt- Patna.

... ... Petitioner/s

Versus

The Union of India, Narcotics Control Bureau, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mrs. Poonam Kumari Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-04-2023 Heard the parties.

It has been submitted by Mrs. Poonam Kumari Singh, learned counsel appearing for N.C.B. that a counter affidavit has been filed in the matter.

The petitioner is in judicial custody in connection with N.D.P.S. Case No.139 of 2021 arising out of F. No. NCB/PZU/V/22/2021 instituted under Section 8(c)r/w 20(b)(ii) (A)/22(C)/29 of N.D.P.S. Act.

As per the prosecution story, upon information, Narcotics Control Bureau constituted a raiding team and after following all the necessary guidelines, the officials took position at DTDC Office at Saguna More.

When the petitioner arrived at DTDC office, he was

Patna High Court CR. MISC. No.10795 of 2023(3) dt.12-04-2023 2/3 intercepted, the parcel booked by the petitioner was taken out by the Manager, opened in the presence of the independent witnesses and it was found that five ruling blank papers having LSD blots weighing 0.08 grams was recovered/seized. Upon his disclosure of having booked one more envelope, the team visited Ramjaipal Nagar Post Office from where they got information that it has been dispatched to RMS (NSH), Patna Junction, the team thereafter reached there and took charge of the second envelope. Upon opening the said envelope, eleven blots of LSD weighing 0.21 gram as also 1.51 gram of 'charas' were recovered/seized in the presence of the independent witnesses.

The petitioner confessed under Section 67 of 'the NDPS Act' disclosing that he is involved in the alleged sell of blots and 'charas'. It was in the aforesaid circumstance that the FIR No.NCB Crime/Case No.22 of 2021 was instituted on 28.09.2021 and the petitioner was arrested. Earlier the case was taken up and vide an order dated 26.07.2022, the same was rejected in Cr. Misc. No. 18140 of 2022.

Once again the present petition was filed in which the report was called for.

A report has been received by the trial court vide letter

Patna High Court CR. MISC. No.10795 of 2023(3) dt.12-04-2023 3/3 no. 36 dated 01.03.2023 by which it has been stated that the matter is at the stage of prosecution evidence. In that view of the matter, no re-look is required in the matter. The petition accordingly stands dismissed. The trial court is directed to speed up the trial and disposed of the trial preferably within a period of one year in view of the fact that petitioner is in custody since 28.09.2021. (Rajiv Roy, J) Prakash Narayan/ Alok Verma/- U T