Dilip Kumar Yadav @ Dilip Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.9734 of 2015 (2) dt.13-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9734 of 2015 Arising Out of PS.Case No. -73 Year- 2014 Thana -SIMRI District- BUXAR ======================================================

1. Dilip Kumar Yadav @ Dilip Yadav Son of Parad Yadav R/o Village Dullahpur (Miazipur), P.s. Simri, District Buxar .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Singh For the Opposite Party/s : Mr. Sakir Ahmad (App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 13-05-2015 Heard.

The case has been registered under different Sections of the Narcotic Drugs and Psychotropic Substances Act besides also under Section 47A of the Excise Act.

The petitioner was named by the accused who was caught with the narcotic drug.

Submission is that the petitioner was not caught nor there was any recovery.

The Court is of the opinion that the trade in narcotic involves many hands and minds with compartmentalization of duties in such trade of the drug. Being named in the FIR even by a co-accused could give reasonable ground for the investigation officer to arrest the petitioner for questioning him and then to

Patna High Court Cr.Misc. No.9734 of 2015 (2) dt.13-05-2015 investigate as to what were the angles of involvement of the petitioner and others as regards the trade in the drug. Petition lacks merit and the same is dismissed. (Dharnidhar Jha, J) B.Kr./- U T