Shamshad Ansari @ Shamsad Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33122 of 2016 Arising Out of PS.Case No. -34 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shamshad Ansari @ Shamsad Ansari Son of Jahur Ansari resident of Village- Teentolia, Ward No.3, P.S.- Mahuan, District- Parsa, Nepal. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Union of India through Intelligence Officer, Narcotics Control Buero, Patna.

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

For the Petitioner/s : Mr. Binod Kumar Mishra, Advocate For the Union of India : Mr. Rajesh Kumar Verma, C.G.C. For the State : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 17.02.2013 in a case registered for the offences punishable under Sections 8, 20(b) (ii) (c) of the Narcotics Drugs and Psychotropic Substances Act.

The prosecution case is that complainant being the inspector of Narcotics Control Bureau received information that two carriers are transporting narcotics from Nepal to India, when two persons were apprehended namely co-accused Sami Ali and the petitioner Shamshad Ansari @ Shamsad Ansari. From Shami Ali 1.7 Kg. and from the petitioner 1.8 K.g charas were recovered.

Patna High Court Cr.Misc. No.33122 of 2016 (4) dt.06-09-2016 It is submitted by the learned counsel for the petitioner that petitioner has no criminal antecedent and under misconception he has been apprehended.

Mr. Rajesh Kumar Verma, learned counsel for the Narcotics Control Bureau submits that out of eight witnesses five have been examined and recovery is of commercial quantity.

Considering the rival submission of the parties, keeping in view of the commercial quantity of recovery and 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 N.D.P.S. Case No. 34 of 2013, pending in the court of learned 3rd Additional Sessions Judge, Motihari, East Champaran.

Accordingly, the bail application is dismissed.

It is expected from the learned court below to conclude the trial expeditiously. (Dinesh Kumar Singh, J) P.K./- U T