Patna High CourtCR. MISC./33502/2021bail rejected

Kishan Lal v. The Union Of India

2021-10-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33502 of 2021 Arising Out of PS. Case No.-7 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== KISHAN LAL Son of Late Chauram Resident of Village and P.O. - Lasudiya, P.S.- Garoth, District - Mandsaur, (Madhya Pradesh). ... ... Petitioner/s

Versus

The Union of India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.K.N. Singh (A.D.S.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 18, 22, 25, 29, 31 of the NDPS Act.

As per the prosecution case, about three kg. of Heroin has been recovered from the possession of the petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and mandatory provision with regard to search and seizure has not been followed. It is further submitted that test report of the recovered article does not corroborate positive for Heroin, rather the same reported

Patna High Court CR. MISC. No.33502 of 2021(4) dt.29-10-2021 2/2 positive for Alprazolam along with Acetaminophen. Petitioner is in custody since 22.08.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that huge quantity of Heroin has been recovered from the possession of the petitioner. Considering the nature of accusation and recovery of huge quantity of narcotic substance, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, since the petitioner is in custody since 22.08.2020, the trial court is directed to conclude the proceedings as early as possible.

(Prabhat Kumar Singh, J) BKS/- U T