Vijay Kumar Das @ Vijay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38740 of 2016 Arising Out of PS.Case No. -172 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Vijay Kumar Das @ Vijay Kumar Son of Dina Nath Das Resident of Village - Mauza Raxaul Ward No. 3, P.O. & P.S. - Birganj, District - Motihari (East Champaran).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India through its Commandant 13th B.N.S.S.B. Pantola (Motihari).

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. J.N. Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 13.07.2015 in a case registered for the offences punishable under Sections 19, 20, 22, 23, 24 of the Narcotics Drugs and Psychotropic Substances Act.

The prosecution case is that from the house of petitioner 270 gm. brown sugar, 14 K.g of Sodium Carbonate, 01 K.g black colour powder, 600 gm. chemical powder, 450 gm. Jink powder, 16 gm. clear powder, 06 pieces of industrial colour, 02 weighting machines have been found.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.38740 of 2016 (2) dt.05-09-2016 petitioner that recovery has been made from the joint family house of the petitioner. Seizure list does not appear the signature of the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Mr. J.N. Thakur, learned counsel for the State submits that commercial quantity of brown sugar has been recovered.

Investigation has already concluded.

The impugned order suggests that the trial is at the stage of adducing evidence.

Considering the quantity of recovery and in view of the embargo under Section 37 of the Narcotics Drugs and Psychotropic Substances Act, this Court is not inclined to grant bail to the petitioner in connection with Raxaul P.S. Case No. 172 of 2015, pending in the court of learned 3rd Additional Sessions Judge, Motihari, East Champaran. Let, the trial be expedited.

(Dinesh Kumar Singh, J) P.K./- U T