Radha Roy@Radha Krishna Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41450 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- JOGBANI District- Araria ====================================================== Radha Roy@Radha Krishna Roy Son of Panchan Roy @ Panchanm Prasad Ray Resident of Village - Kusmaha Ward No.7, P.S.- Jogbani, Dist.- Araria ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anil Prasad Singh, Advocate For the Opposite Party :

Mr.Ashok Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offence under sections 20,22,23 & 24 of the NDPS Act. Informant, a police personnel, recovered 7.3 kilograms Ganja, mobile phones and Nepali currency of Rs.32,000/- and arrested three persons, one of them, namely, Subhita Roy disclosed that the said Ganja was being transported by her son (the petitioner) for its consumption to petty customers.

Learned counsel for the petitioner, refutes the seizure being not as per the provisions of section 50 of the NDPS Act. He submits that the seizure is planted. Petitioner has got no criminal antecedent.

As the recovery of contraband Ganja is from the petitioner's house and his mother has confessed that it was the petitioner who was indulged in such nefarious activity, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Shashi U T