Gulab Kumar Singh @ Kari Singh v. The Union Of India Through Paramahans Kumar Junior Intelligence Officer Narcotics Control Bureau

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39487 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== GULAB KUMAR SINGH @ KARI SINGH S/O LATE VISHNUDEV SINGH A residence of Saroja, PS. Simri Bakhtiyarpur Dist. Saharsa (Bihar) ... ... Petitioner/s

Versus

THE UNION OF INDIA THROUGH PARAMAHANS KUMAR JUNIOR INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Counsel.

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mrs. Shail Kumari, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with NCB Crime Case No. 07 of 2023 instituted for the offence under Sections 8(c), 20(b)(ii), (c), 25 & 29 of the N.D.P.S. Act.

3. As per F.I.R., petitioner was arrested from a Jaishiv Line Hotel by Intelligence Officer and he was present there with his Ranault Car to receive a consignment of contraband items. On search, about 259 kilogram of ganja like substance was recovered from a truck.

Patna High Court CR. MISC. No.39487 of 2023(5) dt.30-10-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of ganja like contraband substance. Nothing has been recovered from his conscious possession. It is further submitted that the provision of N.D.P.S. Act has not been followed properly. Moreover, the petitioner is languishing in judicial custody since 27.03.2023.

5. Learned APP appearing for the state and learned CGC appearing for the NCB has opposed the prayer of regular bail and submitted that the petitioner was apprehended on spot. Seizure list bears the signature of the petitioner. The quantity of the seized contraband is 273.7 kg. Of Ganja is almost 13 times greater than the commercial quantity of Ganja. It is also submitted that witnesses of this case have also supported the prosecution.

6. Having heard the learned counsel for the parties and considering the commercial quantity of the contraband substance, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.39487 of 2023(5) dt.30-10-2023 3/3

7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) sushma/- U