Jag Raj Singh @ Jug Raj Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16577 of 2023 Arising Out of PS. Case No.-17 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Jag Raj Singh @ Jug Raj Singh Son Of Sri Dalbir Singh Resident Of Village - Aalma, P.O. - Kanwan, P.S. - Paini Miyakhan, Distt. - Gurdaspur (PUNJAB) ... ... Petitioner/S

Versus

The Union Of India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Chandra, Advocate For the Opposite Party/s :

Dr. Krishna Nandan Singh, ASG For the U.O.I :

Ms. Shail Kumari, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Special Case no.136 of 2017 (arising out of F. no. NCB/ PZU/ V/ 17 of 2017) registered under sections 8(c) and 20(b)(ii)(C) of the N.D.P.S Act.

3. As per the prosecution case, the petitioner was the driver of the truck from which on search 300 kgs of ganja was seized.

4. The earlier application for bail of the petitioner was rejected vide order dated 22.6.2022 (Annexure-1) passed in Cr. Misc. no. 8770 of 2022.

5. Pursuant to the order dated 3.5.2023 passed by this Court, a counter affidavit (oath dated 8.5.2023) has been filed on behalf of the opposite party which is sworn by the

Patna High Court CR. MISC. No.16577 of 2023(4) dt.17-05-2023 2/2 Intelligence Officer in the Office of Narcotics Control Bureau, Patna Zonal Unit. From perusal of paragraph no.10 of the counter affidavit, it transpires that evidence of prosecution witnesses have been closed on 20.4.2023 and the matter has been put up for statement under section 313 Cr.P.C on 9.5.2023.

6. At this stage learned counsel for the petitioner submits that defense has always been ready to proceed with the case and to make his argument.

7. In view of the allegation in the F.I.R according to which 300 kgs of dried brown colour substance believed to be Ganja packed and wrapped in 30 brown colour packets were recovered from the vehicle being driven by this petitioner together with the progress in the trial in the learned trial Court wherein it appears that the prosecution evidence is closed, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. Learned trial Court is directed to proceed expeditiously in the trial preferably on a day to day basis and to conclude the same within a period of three months of communication of this order.

(Partha Sarthy, J) Shiv/- U T