Md. Saddab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35612 of 2021 Arising Out of PS. Case No.-42 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== MD. SADDAB S/o Late Md. Salim @ Late Md. Saleem Resident of VillageZ3/2015/1/A, River Side Road, P.S.- Nadiyal, Kolkata, West Bengal. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Narcotics Control Bureau, Patna Karpoori Thakur Sadan, CGO Complex, D and E Block, Ashiana- Digha Road, Patna.

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner seeks bail in N.D.P.S. case No. 57 of 2018 arising out of NCB No. NCB/PZU/V/42/2018 registered under Sections 20 & 29 of the N.D.P.S. Act.

Earlier prayer for bail of the petitioner was rejected taking into account that three kgs of Charas was said to have been recovered. The same being above the commercial quantity, in view of Section-37 of NDPS Act, the petitioner was not entitled

Patna High Court CR. MISC. No.35612 of 2021(3) dt.01-12-2021 2/2 for bail.

A report has been called for from the court below regarding the stage of the case.

It has been reported that none of the prosecution witnesses has been examined till date.

Considering the nature of accusation coupled with the fact that under Section-37 of the N.D.P.S., the petitioner is not entitled for bail, prayer for bail of the petitioner is rejected. Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner at the earliest, preferably, within a period of 9 months from the date of receipt/production of copy of the order.

The Zonal Director, NCB, Patna is directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of nine months.

Let a copy of this order be communicated to the Zonal Director, NCB, Patna for needful.

(Sudhir Singh, J) A.K.V.//- U T