Anuj Kumar Sah @ Anuj Sah v. The Union Of India Through Narcotics Control Bureau, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15964 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Anuj Kumar Sah @ Anuj Sah S/O Late Adhik Lal Sah Resident Of VillageIndrapuri Gali, Pirgarhi, Gali No.-5, P.S.- Sultanganj, District- Bhagalpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mr.K.N.Singh (A.D.S.G) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21(c), 25, 29 and 8(c) of the NDPS Act.

As per prosecution case, on 07.06.2022, after getting an information NCB team reached at the place of occurrence and recovered 1200 bottles of DIALEX-DC Codeine based cough syrup from a truck bearing Reg. No. MH-06AC-8655 after that seizure list was prepared and this

Patna High Court CR. MISC. No.15964 of 2023(2) dt.21-04-2023 2/3 case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Sanjay Singh. Petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. Petitioner is only the consignor who was assigned the work of locating the place where the goods(medicine) was to be delivered. It is further submitted that the seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C.. Moreover, petitioner is languishing in judicial custody since 08.06.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Special NDPS Case No 188 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.15964 of 2023(2) dt.21-04-2023 3/3 satisfaction of learned Additional Sessions Judge-XVIII, Patna.

(Sunil Kumar Panwar, J) Manish/- U T