Bhuteli Sahni v. The Union Of India Through The Ministry Of Home Affairs Narcotic Control Bureau Karpuri Thakur

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29323 of 2022 Arising Out of PS. Case No.-24 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Bhuteli Sahni Son of Late Sanjivan Sahni Resident of Village - Sumerpatti, P.O.- Sitalpur, P.S.- Dariyapur, District - Saran ... ... Petitioner/s

Versus

The Union of India through the Ministry of Home Affairs Narcotic Control Bureau Karpuri Thakur Sadan, Rajeev Nagar, Patna - 800025, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar, Advocate For the UOI (NCB) :

Mr. Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-09-2022 Heard learned counsel for the petitioner and learned counsel for the Union of India/N.C.B.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with NCB/PZU/V/24 of 2021/GR 21/21 registered for the offence under Sections 8(c), 20, 25 and 29 of the N.D.P.S. Act. The accused/petitioner is in custody since 25.10.2021. The allegation against the petitioner is to have in possession of 994 kg of contraband i.e., 'Ganja'. Learned counsel appearing on behalf of the petitioner submitted that petitioner is the driver of the alleged vehicle and he was unaware about the illegal consignment of contrabad i.e.,

Patna High Court CR. MISC. No.29323 of 2022(2) dt.14-09-2022 2/3 'Ganja', as such, it cannot be said that alleged recovery was made from the conscious physical possession of the petitioner. It is further submitted tha compliance of Sections 42 and 50 of the N.D.P.S. Act was not made in the present case. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete.

Learned counsel appearing on behalf of the Union of India/N.C.B., while opposing the prayer of bail, submitted that the quantity of contraband i.e., 'Ganja' recovered is huge, where Section 37 of the N.D.P.S. Act puts a barrier, while dealing the business of bail, when recovery is of commercial quantity. In view of the facts and circumstances, as mentioned above, as recovered quantity of contraband i.e., 'Ganja', from the possession of the petitioner, is commercial i.e., about 994 kg, this Court is not inclined to grant bail to the petitioner, at present.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

Learned Trial Court is directed to conclude the trial within a period of nine (09) months from the date of receipt of this order, by taking the matter on board, on day to day basis, for

Patna High Court CR. MISC. No.29323 of 2022(2) dt.14-09-2022 3/3 expeditious disposal of the trial.

Superintendent of Police, Aurangabad is directed to produce the chargesheeted witnesses, as and when directed by the Trial Court, so as to conclude the trial within aforesaid time period, as directed above.

(Chandra Shekhar Jha, J) Ankit/- U