Md. Aslam Ansari v. The Union Of India Through The Zonal Director, Narcotics Control Bureau, Patna Zonal Unit Karpoori

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41502 of 2024 Arising Out of PS. Case No.-11 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Md. Aslam Ansari son of Late Md. Alaudin Village- Gajuwa Salwe Po- Salwe Ps- Balumath Dist- Latehar Jharkhand ... ... Petitioner/s

Versus

The Union of India through the Zonal Director, Narcotics Control Bureau, Patna Zonal Unit Karpoori Karpoori Thakur Sadan CGO Complex D and E Block Ashiyana Digha Road Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gautam Saha, Advocate For the UOI/NCB :

Mr. Arvind Kumar, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with N.C.B. Case No. 11 of 2022, registered for the offences punishable under Sections 8(c), 18(b), 25, 28, 29, 35 and 60 of N.D.P.S. Act.

3. As per prosecution case, 14 kg liquid opium was recovered from Brezza Car to which the petitioner is owner -cum- driver. He was arrested at the spot and alleged contraband was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that coaccused Suraj Singh @ Chachu and Faizi Hussain @ Faiz @

Patna High Court CR. MISC. No.41502 of 2024(4) dt.23-09-2024 2/2 Chotu have been granted bail by a co-ordinate Bench of this court.

5. On the other hand, learned counsel for NCB, Mr. Arvind Kumar has opposed the prayer for bail by submitting that the case of the co-accused persons who have been granted bail cannot be equated with the petitioner as they were not arrested at the spot and nothing was recovered from their possession whereas the petitioner is owner as well as driver of the Brezza Car from which 14 kg liquid opium is said to have been recovered and the petitioner was arrested at the spot. The recovered contraband is in commercial quantity.

6. Considering the above-mentioned facts and circumstances as also the fact that the recovered contraband is in commercial quantity, I do not think it to be a fit case for bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) priyanka/- U T