Patna High CourtCR. MISC./30584/2020disposed

Surendra Rai v. The State Of Bihar

2020-11-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30584 of 2020 Arising Out of PS. Case No.-5 Year-2019 Thana- SHIVSAGAR District- Rohtas ====================================================== Surendra Rai, aged about 32 years, Male, son of Laxman Rai, Resident of Village-Thikahamireha, Police Station-Garkha, District-Saran (Chhapra). ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-11-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Shivsagar P.S. Case No.05 of 2019 for the offence under Sections 8 and 20(b)(ii)(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. In the instant case, total 71.500 Kg. of Ganja was seized from Honda City car.

Learned counsel appearing on behalf of the petitioner would submit that seizure list was not prepared under provisions of Section 100 of the Code of Criminal Procedure. Petitioner is in custody since 04.01.2019.

Patna High Court CR. MISC. No.30584 of 2020(2) dt.23-11-2020 2/2 Considering the fact that the petitioner is in custody since 04.01.2019 and the trial is inconclusive, the court below is directed to conclude the trial within a period of six months from the date of receipt/production of a copy of this order. In the event the trial is not concluded within the time as indicated hereinabove, the court below shall release the petitioner on appropriate terms and conditions. The court below is under obligation to furnish reasons for not following the observation made by this Court before Registrar (Vigilance) of this Court on administrative sides.

The application stands disposed of.

Let a copy of this order be communicated to the Registrar (Vigilance) of this Court for appropriate action. (Anil Kumar Upadhyay, J) BT/- U T