Patna High CourtCR. MISC./60681/2017dismissed

Ali Imam Gadi v. State Of Bihar And ANR

2018-01-18Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60681 of 2017 Arising Out of PS.Case No. -4446 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ali Imam Gadi son of Shri Suba Gadi .... .... Petitioner/s

Versus

1. State of Bihar

2. The Union of India through Deputy Commissioner, Land Customs Station, Raxaul, East Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Namrata Mishra Ms. Archana Jha For the U.O.I. (Customs) : Mr. Satya Prakash Tripathy Mr. Satya Vrat For State : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Customs Department. The petitioner is in custody since 24.03.2017 in connection N.D.P.S. Case No. 32 of 2017 registered for the offences punishable under Sections 20, 23 and 24 read with Section 219 of the N.D.P.S. Act.

Dairy in this case has been called for which has since been received.

Learned counsel for the petitioner submits that a substance known as Charas was recovered from the conscious possession of the petitioner i.e., Dikki of the motorcycle which the petitioner was riding. It is further submitted that after seizure, the

Patna High Court Cr.Misc. No.60681 of 2017 (3) dt.18-01-2018 2/2 petitioner was taken into custody. The officer seizing the vehicle and taking sample of the substance, sent the same for examination and the report shows that the sample so seized was Charas. The report also reveals that the quantity of Charas recovered was 4.17 Kg.

In view of the provisions of law and that it is much beyond the small quantity as also the commercial quantity, this Court is not inclined to grant regular bail to the petitioner. It is accordingly dismissed.

(Anjana Mishra, J) Saif/- U T