Shanti Kumar Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25098 of 2022 Arising Out of PS. Case No.-294 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== Shanti Kumar Pal S/o Narayan Pal R/o village- Chamrail, Kona Dakshin Para, P.S.- Lilua, District- Howrah (West Bengal) ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is in judicial custody in connection with Naugachia P.S. Case No. 249/2021 under Section 08 (C) 20(B), 22 (C) N.D.P.S.

As per the allegation in the FIR, the police officials on information intercepted a truck bearing no. WB89-0370 and searched the same. Altogether 93 bags of 'Ganja' was recovered/seized which was kept in a secret chamber specially made in the truck and the same was weighed and it was found to be 967.300 kgs. Accordingly, the same was recovered/seized and both the driver as well as cleaner were taken into judicial

Patna High Court CR. MISC. No.25098 of 2022(2) dt.04-08-2022 2/2 custody. This petitioner happens to be the driver of the said vehicle.

Learned counsel for the petitioner submits that he being the driver had no knowledge of the presence of the 'Ganja' in the truck and he was driving the vehicle on the request of the owner and had little knowledge of the same. There has been recovery/seizure of 967.300 kgs. of 'Ganja' that too in the secret chambers of the alleged truck and the petitioner who was driving the truck cannot exonerate himself from the responsibility of carrying the alleged 'Ganja' in the said truck. Considering the recovery of 967.300 kgs. of 'Ganja', this Court is not inclined to grant him the privilege of bail for the present which is hereby rejected. The trial Court is directed to expedite the trial and see to it the same is concluded expeditiously. (Rajiv Roy, J) Ravi/nikuU T