Ravi Ranjan v. Union Of India, Narcotics Control Bureau, Through Intelligence Officer Narcotics Contral Bureau

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47332 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Ravi Ranjan Son Of Rameshwar Pathak Resident Of Village - Lalapur, P.S.- Kudra, Dist.- Kaimur (Bihar) ... ... Petitioner/s

Versus

Union Of India, Narcotics Control Bureau, Through Intelligence Officer Narcotics Contral Bureau Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithlesh Kumar , Advocate For the Opposite Party/s :

Mr. K.N. Singh(A.S.G.) For the Union of India Mr. Rakesh Kumar Sinha,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-06-2022 Let the defects, if any, be removed within four weeks from today.

Heard Mr. Mithlesh Kumar, learned counsel for the petitioner as well as learned counsel for the Union of India. The petitioner is languishing in custody in connection with NCB Crime Case No. 10 of 2021 corresponding to NDPS Special Case NO. 11 of 2021 registered for the offences punishable under Sections 8(C) 20(b) and 29 of the NDPS Act. As per prosecution case, it is alleged that on 02.04.2021, the office of NCB, received a secret informant that Sunny Yadav moved down from a vehicle carrying huge quantity of Ganja from Orissa to Aurangabad via Jharkhand.

Patna High Court CR. MISC. No.47332 of 2021(3) dt.22-06-2022 2/3 On the basis of said information, the officers of NCB apprehended three persons and from their possession 79 packets of contraband, which appears to be Ganja, weighing 112.20 kg have been recovered.

It is submitted by the learned counsel for the petitioner that though from seizure list , it is evident that the recovery has been made from hotel New Gurudev Basera, Jogia but in the FIR, It has been stated that recovery has been made from possession of the petitioner only with a view to implicate the petitioner. It is next submitted that this petitioner has no concern with other two persons in as much as, he is having clean antecedent and is in custody since 02.04.2021 . It is also submitted that other two accused persons , who were apprehended by the NCB, they have never disclosed the complicity of this petitioner and moreover, the petitioner has never confessed his guilt.

On the other hand, learned counsel for the Union of Indian opposses the bail application of the petitioner and submits that the petitioner had voluntarily made his statement under section 67 of the NDPS Act and accepted that he along with other co-accused persons were involved in trading of contrabands substance, like Ganja, etc, The learned counsel also

Patna High Court CR. MISC. No.47332 of 2021(3) dt.22-06-2022 3/3 drawn the attention of this Court towards paragraph -13 of the counter affidavit stating therein that during the course of investigation, the mobile CDR of the petitioner found linked with other co-accused persons and many calls were detected. It is also submitted that huge commercial quantity of Ganja has been recovered from possession of three persons including the petitioner.

Having considered the submissions made on behalf of the parties and taking into consideration the fact that huge commercial quantity of contraband Ganja has been recovered as also in view of the materials available on the record suggesting the complicity of this petitioner in the present crime, this Court is not persuaded to enlarge the petitioner on bail and as such prayer for bail of the petitioner stands rejected at present. (Harish Kumar, J.) N.K/- U T