Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8344 of 2015 Arising Out of PS.Case No. -8 Year- 2014 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Meena Devi Wife of Motilal Patel, Resident of Village - Saharswa, Police Station - Gopalpur, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Aditya Nr. Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor, appearing on behalf of the State.

The petitioner is in custody in connection with Gopalpur P.S. Case No. 08/14 registered for the offence under sections 20, 22, 23, 24, 27(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

As per the prosecution case, 13 packets of Charas weighing 13Kg. were recovered from possession of the petitioner. Learned counsel for the petitioner has submitted that the prosecution case has no leg to stand, in the facts and circumstances of the case, particularly as there has been complete

Patna High Court Cr.Misc. No.8344 of 2015 (2) dt.10-04-2015 non-compliance of the provisions of Section 50 of the Act, while carrying out search and seizure.

In view of seriousness of the allegation and in view of the provisions contained under the Act, I am not inclined to grant privilege of bail to the petitioner in connection with Gopalpur P.S. Case No. 08/2014 giving rise to Trial No. 33 of 2014 pending in the court of the Additional Sessions Judge 2nd, Bettiah (West Champaran).

It is expected that the trial court would expedite the trial of the petitioner.

(Chakradhari Sharan Singh, J) Amin/- U