Dharmdeo Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 44255 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -KORANSARAI District- BUXAR ====================================================== Dharmdeo Singh son of Sriniwash Singh Resident of Village + P.O. Dullahpur P.S. Simari, Dist- Buxar .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Union of India through Narcotic Officer New Delhi .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Nath Sinha For the Opposite Party/s : Mr. Aditya Narayan Singh 1 Mr. Ravindra Kr. Sharma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
15-12-2016 Heard Sri Rajendra Nath Sinha, learned counsel for the petitioner, Sri Aditya Narain Singh, learned Addl. Public Prosecutor as well as Sri Ravindra Kumar Sharma, learned Central Govt. Counsel.
The sole petitioner, who is in custody in Koransharai P.S. Case No. 42 of 2016 registered for offence under Sections 420, 414, 467, 468, 120(B) of the Indian Penal Code and Sections 20(B) (ii) (C)/22/27(A)/29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS Act'), has prayed for grant of bail.
It was submitted by learned counsel for the petitioner that petitioner was an employee of a transporter and on whose
Patna High Court Cr.Misc. No.44255 of 2016 (2) dt.15-12-2016 2/2 instruction, he was moving on a Hyundai Verna Car with driver. He was not aware regarding carrying of Ganja in the said vehicle, however; after interception, about 148 Kg. of Ganja was recovered from the vehicle. According to learned counsel for the petitioner, the petitioner is innocent, whereas, learned Addl. Public Prosecutor as well as learned Central Govt. Counsel opposing the prayer submit that besides other Sections, it is a case under Section 27(A) of the NDPS Act and in the case, there is recovery of about 148 Kg. of Ganja from a vehicle, on which, petitioner was found travelling.
In view of nature of accusation as well as restriction imposed under Section 37 of the NDPS Act, it would be difficult for this Court to pass any favourable order.
The petition stands dismissed.
(Rakesh Kumar, J.) Anay U T