Anand Kumar Singh v. The Union Of India, Ministry Of Home Affairs, Narcotics Control Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20890 of 2022 Arising Out of PS. Case No.-24 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== ANAND KUMAR SINGH SON OF RAJAN SINGH R/O VILLAGEMASARH, P.S.- UDWANT NAGAR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

THE UNION OF INDIA, MINISTRY OF HOME AFFAIRS, NARCOTICS CONTROL BUREAU, PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.N. A. Shamsi For the Opposite Party/s :

Mr.R.K. Sharma, C.G.C ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned counsel for the Union of India.

Petitioner seeks regular bail in Narcotic Control Bureau (NCB) Case no. 24/2021 registered for the offences punishable under sections 8(C ), 20, 25 and 29 of the NDPS Act. As per the allegation 994 Kg narcotics substance suspected to be Ganja kept secretly in a Tata Highva Dumper was recovered and as per the prosecution the petitioner was found involved in the alleged smuggling of the said contraband. The main submissions advanced by Sri N.A. Shamsi,

Patna High Court CR. MISC. No.20890 of 2022(3) dt.05-09-2022 2/3 learned counsel appearing for the petitioner are that petitioner was not found having his possession over the alleged recovered contraband, he has clean antecedent, as per the prosecution he was arrested at some other place but on that place the petitioner bonafidely went there and he had no knowledge of the alleged recovery and contraband.

Sri R.K. Sharma, learned counsel appearing for the NCB submitted that the present case relates to recovery of huge quantity of narcotics substance like Ganja and several persons were involved in the alleged smuggling and the petitioner was in contact with the arrested driver and khalasi of the alleged truck from which the alleged recovery was made and at the specified place disclosed by the said driver where the delivery of the alleged contraband was to be made the petitioner was found and then he was arrested.

Having considered the recovery of huge quantity of alleged contraband and petitioner's contact with the co-accused persons who were arrested with the alleged contraband through mobile communications as stated by learned APP and also mentioned in the prosecution complaint and also taking into account that on reaching at the specified place which was disclosed by the arrested driver of the truck, petitioner was

Patna High Court CR. MISC. No.20890 of 2022(3) dt.05-09-2022 3/3 arrested at that place and as per the prosecution the alleged contraband was being carried in a very planned manner and several persons were involved in the alleged crime. In the opinion of this Court, the petitioner does not deserve the privilege of bail and his prayer for bail stands rejected. (Shailendra Singh, J) s.hassan/- U T