Patna High CourtCR. MISC./47645/2017rejected

Yaduvir Narayan v. The State Of Bihar

2018-01-18Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47645 of 2017 Arising Out of PS.Case No. -718 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictPURNIA ====================================================== Yaduvir Narayan Son of Rajendra Singh Resident of 135 KA, Aerwa Kuli, P.S.- Aerwa Katara, District- Auraiya (U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Union of India through the Deputy Director, D.R.I., Regional Unit, Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Suraj Narain Pd. Sinha, Sr. Advocate Mr. Bijendra Kumar Singh, Advocate For the Union of India :

Mr. Anshuman Singh, CGC, U.O.I.

For the State :

Uday Chand Prasad, APP Mr. S.D. Sanjay, A.S.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Special Case No.08 of 2017, arising out of DRI F. No. DRI/LZU/718(II) Enq.-11/2017, registered under Sections 20, 23, 25 and 29 of the NDPS Act.

Allegation in brief is that from the cabin of the truck driver 148.40 Kgs. of contravened Ganja was recovered. Submission is that the petitioner is the driver of the truck, he had no knowledge about loading of Ganja as it was loaded with Jute and the petitioner is in custody since 07.04.2017.

Patna High Court Cr.Misc. No.47645 of 2017 (5) dt.18-01-2018 2 /2 Learned counsel appearing on behalf of the Director of Revenue Intelligence submits that recovery is from the cabin of the driver and not from the bundle of the Jute. The driver has also admitted about knowledge of Ganja in his statement recorded under Section 67 of the NDPS Act.

Having considered the recovery of huge quantity of Ganja from possession of the petitioner, the prayer of bail of the petitioner is rejected in connection with Special Case No.08 of 2017, arising out of DRI F. No. DRI/LZU/718(II) Enq.-11/2017, pending in the court of learned Sessions Judge-cum-Special Judge, NDPS Act, Purnea.

However, the trial court is directed to expedite the trial and conclude the same preferably within a year after framing of charge.

(Arun Kumar, J.) S.Kumar/- U T