Dharambir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51428 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== DHARAMBIR KUMAR SON OF MITHLESH MAHTO RESIDENT OF VILLAGE- RACHIYAHI SITARAMPUR POLICE STATION- MATIHANI DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE UNION OF INDIA THROUGH NARCOTICS CONTROL BUREAU, PATNA, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP For the NCB :

Mr. R.K.Sharma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the NCB. At the outset, it is submitted by learned counsel for the NCB that the Narcotics Control Bureau has no role to play in the instant case.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 20 and 22 of the NDPS Act.

As per the prosecution case, on the vehicle in question being stopped and searched it is stated that three packets weighing a total of 23.062 kgs of ganja was recovered and the

Patna High Court CR. MISC. No.51428 of 2021(4) dt.13-04-2022 2/3 accused persons including the petitioner herein were arrested. It is submitted by learned counsel appearing for the petitioner that the petitioner has been falsely implicated in the case. From perusal of the FIR itself it would transpire that while the other two accused persons ie the driver and khalasi of the Bolero pickup vehicle are resident of Himachal Pradesh, the petitioner who was a passerby had merely taken a lift in the vehicle and has been falsely implicated in the case under a wrong impression. It is further submitted that there has been no compliance of the sections 41 and 42 of the NDPS Act nor section 105 of the Cr.P.C.. The petitioner has no concern with the seized ganja nor with the vehicle in question. It has come in paragraph no. 68 of the case diary that the petitioner has no criminal antecedent. He is in custody since 8.1.2021 and undertakes to cooperate in the trial.

The application for bail is opposed by learned APP for the State who submits that the petitioner was arrested at the spot and 23.062 kgs of ganja has been recovered which is a commercial quantity.

A copy of the FSL report was called for from the learned trial court. As per the Forensic Science Laboratory Report dated 28.6.2021 issued under the signature of the

Patna High Court CR. MISC. No.51428 of 2021(4) dt.13-04-2022 3/3 Assistant Director, Forensic Science Laboratory, Govt. of Bihar, Patna, the examination of the articles seized was carried out and it transpired that the same was found to be ganja. Having heard learned counsel for the parties and taking into consideration the recovery of commercial quantity of ganja together with the same having been confirmed with the Forensic Science Laboratory report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Spd/- U T