Md. Nijamu @ Md. Nijam @ Nijam Ansari v. The Union Of India, Through Junior Intelligence Officer, Narcotics Control Bureau, Patna, Bihar.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28908 of 2024 Arising Out of PS. Case No.-3 Year-2023 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Araria ====================================================== Md. Nijamu @ Md. Nijam @ Nijam Ansari S/O Md. Basir @ Md. Basir Miyan R/O Village- Balua Bazar, Kunjrahi, Tola Ward No. 5, P.S- Birpur, Distt.- Supaul.
... ... Petitioner/S
Versus
The Union Of India, Through Junior Intelligence Officer, Narcotics Control Bureau, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madan Mohan, Adv.
Mr. Rahul Raj, Adv.
For the Opposite Party/s :
Mr. K.N.Singh (A.D.S.G) For the NCB :
Mr. Rakesh Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned counsel for the NCB.
2. The petitioner has renewed his prayer for bail in connection with NCB Case No. 3 of 2023 instituted for the offence under Sections 20(b)(ii)(C), 25, 29 of the N.D.P.S. Act which was earlier dismissed as withdrawn vide order dated 5.12.2023 in Cr. Misc. NO. 65864 of 2023.
3. Prosecution case relates to recover of total 653.950 kg ganja like substance from the possession of co-accused persons. This petitioner is said to have taken consignment of the said ganja.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.28908 of 2024(4) dt.05-07-2024 2/3 petitioner is innocent and committed no offence. He has falsely been implicated in this case on the basis of confessional statement of co-accused Dipesh Paswan. Nothing has been recovered from conscious possession of the petitioner. He is languishing in judicial custody since 28.6.2023.
5. Learned counsel appearing for on behalf of NCB has opposed the prayer of regular bail and submitted by way of counter affidavit that the although the seized ganja was recovered from possession of co-accused but the same was supplied by the present petitioner. The petitioner was arrested and confessed his involvement in supplying of the incriminating ganja. It is further submitted that the alleged seizure ganja is more than commercial quantity. Moreover, the petitioner has got several criminal antecedent.
6. In pursuance to the direction of this Court, a report dated 3.5.2024 with regard to present stage of trial has been received by which it appears that three witnesses have been examined out of eight witnesses and the trial is likely to be concluded within a period of six months.
7. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer
Patna High Court CR. MISC. No.28908 of 2024(4) dt.05-07-2024 3/3 for bail stands rejected.
8. The trial Court is directed to expedite the trial and conclude the same within stipulated period of time (i.e. six months), failing which the petitioner may renew his prayer of bail.
(Sunil Kumar Panwar, J) amandeep/- U T