Sheojee Singh v. The Union Of India Through The Ministry Of Home Affairs Narcotic Control Buarau

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19624 of 2022 Arising Out of PS. Case No.-24 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== SHEOJEE SINGH S/o Raji Nandan Singh R/o village- New Karman Tola, Ward No. 38, P.S. Arrah Nawada, District- Bhojpur at Ara, Pin Code- 802301 (Bihar) ... ... Petitioner/s

Versus

The Union of India through the Ministry of Home Affairs Narcotic Control Buarau Karpuri Thakur Sadan Rajeev Nagar, Patna 25, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Uma Shankar Verma, Sr. Advocate Mr. Ritesh Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 8©, 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substance Act.

As per the prosecution case, on a search being conducted 994 kg of ganja was recovered from the vehicle of which the petitioner happens to be the registered owner. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Although it is true that once upon a time he happened to be the registered owner of the vehicle in question, however, much prior

Patna High Court CR. MISC. No.19624 of 2022(5) dt.11-01-2023 2/2 to the occurrence on 14.7.2021 itself vide document brought on record as Annexure-2 to the petition, the petitioner had sold the vehicle in question to one Satyendra Kumar Choudhary. Besides not being the owner of the vehicle on the date in question, the petitioner was also not caught at the place of occurrence. He has no criminal antecedent under the NDPS Act. Chargesheet has been submitted in the case. He undertakes to cooperate in the trial.

The application for bail is opposed by learned Senior Central Government Counsel appearing for the Union of India. It is submitted by learned counsel that the petitioner happened to be the registered owner of the vehicle in question on the date the contraband was recovered from the vehicle. Having heard learned counsel for the parties and taking into consideration the recovery of 994 kg of ganja from the vehicle of which the petitioner happens to be the registered owner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Bibhash/- U