Chunnu Kumar v. The Union Of India Through The Ncb, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24978 of 2024 Arising Out of PS. Case No.-3 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna ====================================================== Chunnu Kumar S/o Dinesh Prasad Singh R/o vill - Govindpur Gokhula,P.S. - Bidupur, District. - Vaishali ... ... Petitioner/s
Versus
The Union Of India Through The NCB, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Mishra, Advocate For the U.O.I :
Ms. Shail Kumari, C.G.C.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-07-2024
1. Heard learned counsel for the petitioner, learned counsel for the Union of India.
2. Petitioner seeks regular bail in connection with Special Case ( N.D.P.S.) No. 15 of 2021, arising out of F. No. NCB/PZU/V/03/2021, registered for the offence(s) punishable under Section(s) 8(c)/20(b)(ii)(C)/25/29 of the N.D.P.S. Act.
3. As per prosecution, on 13.02.2021 acting upon a specific intelligence the Narcotics Control Bureau, Patna arrested two persons namely, Chunnu Kumar (petitioner) and Deepak Kumar ( co-accused) near Transport Nagar O.P. with 96 Kg brown colour substance suspected to be 'Ganja' packed in 74 slabs, wrapped by brown colour tape and hidden in specially made secret place in side panels of both back doors and beneath
Patna High Court CR. MISC. No.24978 of 2024(3) dt.19-07-2024 2/3 the seat of the intercepted Maruti Ciaz Car bearing Registration No. BR 01 ES 3421 which was being driven by the petitioner with Deepak Kumar sitting on the passenger seat of the car.
4. Mr. Ashok Kumar Mishra, learned counsel appearing for the petitioner submits that the petitioner has got no criminal antecedent and is languishing in jail since 14.02.2021 and he has been dragged in this case only on the basis of statement recorded under Section 67 of the N.D.P.S. Act which is not admissible in the eye of law as per principles laid down by the hon'ble Apex Court and co-accused Ramakant Kumar @ Munna Kumar has been granted bail by a co-ordinate bench of this court vide order dated 02.02.2023 passed in Cr. Misc. No. 59746 of 2022.
5. Ms. Shail Kumari, learned counsel appearing for the Union of India through N.C.B., submits that the trial of the petitioner is at an advance stage and all the prosecution witnesses in the trial of the petitioner, have been examined so it will not be proper to enlarge the petitioner at this stage. It is further submitted that the instant matter relates to the recovery of huge commercial quantity of narcotic material 'Ganja' and petitioner was apprehended with the said contraband.
6. Having considered the seriousness of the allegation
Patna High Court CR. MISC. No.24978 of 2024(3) dt.19-07-2024 3/3 and coupled with the stage of the petitioner's trial as pointed out by the learned counsel appearing for the Union of India, this court is not inclined to release the petitioner on bail at this stage. Accordingly his prayer stands rejected.
7. The trial court is directed to conclude the petitioner's trial in the next three months and send the compliance report to this court.
(Shailendra Singh, J) Rajiv/- U T