Deepak Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27553 of 2023 Arising Out of PS. Case No.-264 Year-2022 Thana- KISHUNPUR District- Supaul ====================================================== Deepak Paswan S/o- Shiv Narayan Paswan, Resident of Juman Chowk Ward No 05 Forbesganj Police Station Forbesganj, Dist- Araria. ... ... Petitioner/S

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with N.D.P.S. (Spl) Case No. 27/2022 arising out of Kishanpur P.S. Case No. 264 of 2022 registered for the offence under Sections 20(B) (ii) (B) 21 (b) of Narcotics Drugs and Psychotropic Substance Act, 1985.

The accused/petitioner is named in the F.I.R. and is in custody since 25.10.2022.

The allegation against the petitioner is to have in possession of 387 litres of cough syrup where one of the constituent is Codeine alleged to be a narcotic drugs. The name

Patna High Court CR. MISC. No.27553 of 2023(3) dt.27-06-2023 2/3 of cough syrup is Eskuf.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is driver and a man of clean antecedent. It is submitted that nothing surfaced during the course of investigation which may suggest that petitioner being driver was under knowledge that the constituent/composition of the cough syrup is Codein and same is a narcotic drugs and prohibited under the law. It is further submitted that if composition of "Codeine" is taken into consideration would not be more than commercial quantity, and as such, the rigorous implication of Section 37 of N.D.P.S. Act is not appears applicable in present facts and circumstances. While concluding the argument, it is submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail fairly submitted that as per the counter affidavit filed on behalf of S.P., Supaul dated 22.06.2023, the composition of Codeine of cough syrup is less than commercial quantity.

Patna High Court CR. MISC. No.27553 of 2023(3) dt.27-06-2023 3/3 quantity, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 25.10.2022 accordingly, petitioner above named, is directed to be released on bail in connection with N.D.P.S. (Spl) Case No. 27/2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-Cum-Special Judge, N.D.P.S., Supaul/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T