Sharukh v. The Union Of India Through Assistant Commissioner, Narcotics, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38824 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- D.R.I District- Muzaffarpur ====================================================== Sharukh S/O Nasibuddin R/O Bhad Bhuje Wali Gali, Kaswa Shahjahanpur, P.S-Kithore, P.O-Mawana, District-Meerut, U.P. ... ... Petitioner/s

Versus

The Union Of India Through Assistant Commissioner, Narcotics, Patna Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Bela Singh For the Opposite Party/s :

Mr. Manoj Kumar Singh (CGC) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

13-12-2021 Heard learned counsel for the parties.

The petitioner seeks bail in D.R.I. (N.D.P.S.) Case No. 04 of 2020 / N.D.P.S. Case No. 65 of 2020 registered for the offence under Section 20, 22 of the N.D.P.S. Act. As per the prosecution case, 254.44 Kg. of Ganja has been recovered from a truck, of which, this petitioner was driver.

It is submitted on behalf of petitioner that no narcotic drugs has been recovered from the conscious possession of the petitioner. Petitioner, being driver, was unaware about nature of consignment, which was being transported in truck in question and he is in custody since 13.08.2020.

However, learned Central Govt. Counsel appearing for Union of India opposed the bail petition and submitted that

Patna High Court CR. MISC. No.38824 of 2021(2) dt.13-12-2021 2/2 huge quantity of Ganja has been recovered from a truck, of which, this petitioner was driver.

Considering the nature of allegation and alleged quantity of recovered Ganja, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J.) anay/- U T