Maul Mahto v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38015 of 2016 Arising Out of PS.Case No. -50 Year- 2016 Thana -PURANHIA District- SHEOHAR ======================================================
1. Maul Mahto Son of Lakshman Mahto, R/o Village- Basantpatti, P.S.- Purnahiya, District- Sheohar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Union of India throough D.R.I., Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-08-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 15.7.2016 in a case registered for the offences punishable under Sections 20,22 and 24 of the NDPS Act.
From the possession of the petitioner 78 sachets were recovered containing 300 grams ganja.
It is submitted by the learned counsel for the petitioner that recovery is of small quantity. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. There is nothing on record to suggest that the petitioner was either consuming the same or selling it. It is further submitted that there is nothing on record to suggest that the
Patna High Court Cr.Misc. No.38015 of 2016 (2) dt.31-08-2016 2/2 petitioner was dealing in narcotic drugs and psychotropic substances in contravention of section 12 of the Act, hence no offence under section 24 of the Act is made out and, consequently, the embargo under section 37 of the Act does not apply to the petitioner.
It is submitted by learned APP that the petitioner has confessed that he used to maintain his family by trading ganja. Considering the small quantity of recovery and Statement made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions judge cum Special Judge, Sheohar in connection with Purnahiya P.S. Case No. 50 of 2016. (Dinesh Kumar Singh, J) Anil/- U T