Anshu Raj Yadav @ Anshu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10340 of 2019 Arising Out of PS. Case No.-1027 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== ANSHU RAJ YADAV @ ANSHU RAI Son of Dharmendra Kumar Resident of Bhupatipur, Dhelwan, P.S.- Ram Krishna Nagar, Distt - Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mirtyunjay Kumar For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 18.12.2018 in a case registered for the offences punishable under Sections 21,27,29 of the NDPS Act.
The prosecution case got initiated on the basis of written report dated 16.12.2018 submitted by A.S.I. Vijay Kumar Singh to the Station House Officer, Agamkuan Police Station is to the effect that on the same day, at 3.00 P.M., during patrolling, a secret information was received that three persons are consuming 'Smack' when a raid was laid and three persons, namely Ansuraj Yadav, who is petitioner before this Court, co-accused Ranveer Kumar and Raubin Kumar were arrested. On frisking, from the possession of all the three
Patna High Court Cr.Misc. No.10340 of 2019(2) dt.21-02-2019 2/3 apprehended accused persons one sachet each 'Smack' was recovered.
It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled against the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP for the State submits that the recovery has been made from the conscious physical possession of the petitioner.
This Court is dismayed to find that the offences under the NDPS Act are weight/quantity based, but despise of that the police officers in the State's capital while registering the FIR under this Act are not mentioning the quantity and weight of the seized contraband, this reflects the callous manner in which the cases under the NDPS Act are being registered.
Let this fact be brought to the notice of Director General of Police, Bihar.
Considering the fact that the offences under the NDPS Act is weight/quantity based, but no weight of the seized contraband has been mentioned, coupled with statement
Patna High Court Cr.Misc. No.10340 of 2019(2) dt.21-02-2019 3/3 made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, Patna in connection with Special Case No. 144 of 2018 (NDPS) Case, arising out of Agamkuan P.S. Case No.1027 of 2018. (Dinesh Kumar Singh, J) Ashwini/- U T