Ravi Ranjan v. The Union Of India, Narcotics Control Bureau, Through Intelligence Officer, Narcotics Control
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34863 of 2023 Arising Out of PS. Case No.-10 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Aurangabad ====================================================== RAVI RANJAN Son of Sri Rameshwar Pathak Resident of village - Lalpur, P.S. - Kudra and Distt. - Kaimur (Bihar) ... ... Petitioner/s
Versus
The Union of India, Narcotics Control Bureau, through Intelligence officer, Narcotics control The Union of India, Narcotics Control Bureau, through Intelligence officer, Narcotics control Bureau, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Prakash Sahay, Adv.
For the Opposite Party/s :
Mr. Rakesh Kumar Sinha, CGC ======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-09-2023 Heard Mr. Aditya Prakash Sahay, learned counsel appearing on behalf of the petitioner and Mr. Rakesh Kumar Sinha, learned Central Government Counsel representing the Union of India.
2. The present application has been filed seeking grant of bail to the petitioner, who is in judicial custody, in connection with NCB Crime Case No. 10 of 2021, corresponding to NDPS Spl. Case No. 11 of 2021, registered for the offences punishable under Sections 8(c), 20(b)(ii)(c), 29 of the NDPS Act, 1985.
3. This is the second attempt made on behalf of the petitioner for grant of bail as earlier his prayer for bail was rejected vide order dated 22.06.2022 in Cr. Misc. No. 47332 of
Patna High Court CR. MISC. No.34863 of 2023(3) dt.01-09-2023 2/3 2021, after taking into consideration that a huge amount of ganja weighing 112.20 Kgs. was recovered. On the last occasion, vide order dated 19.07.2023, a report with regard to the present status in connection with NDPS Spl. Case No. 11 of 2021 was called for from the learned Special Judge NDPS Act, Aurangabad. From the report, it appears that till date out of six witnesses, only two witnesses have been examined.
4. Learned counsel for the petitioner vehemently submitted that both the witnesses have already been examined one year back and for the last one year not a single witness has been examined, though the petitioner is in custody since 02.04.2021 and he bears fair antecedent.
5. On the other hand, learned counsel for the Union of India submitted that there are cogent material against the petitioner with regard to the involvement. That apart, huge amount of recovery has been made from the possession of three persons who were standing in front of the hotel with the contraband.
6. Considering the submissions made on behalf of the parties and taking into account the nature of accusation and the recovery of huge amount of ganja, and further there is no subsequent overwhelming circumstances warranting fresh
Patna High Court CR. MISC. No.34863 of 2023(3) dt.01-09-2023 3/3 consideration, this Court is not persuaded to enlarge the petitioner on bail. Accordingly, the application stands rejected.
7. However, it is expected that the learned Trial Court shall take all endeavours to conclude the trial as far as possible preferably within a period of six months, failing which the petitioner would be at liberty to renew his prayer for bail. (Harish Kumar, J) Anjani/- U