Patna High CourtCR. MISC./37224/2017dismissed

Rambir Singh v. State Of Bihar And ANR

2017-08-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37224 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictPURNIA ====================================================== Rambir Singh, Son of Sri Ramsnehi, Resident of Village - Shivsinghpur @ Nagla Nijam, P.O. - Manikpur, Chhachena, P.S. Bagbbala, District, Ettah (UP) .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey For opposite party no. 2 : Mr. S. P. Tripathy, Sr. SC Customs, GOI ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 The petitioner seeks regular bail in connection with Special Case No. 07 of 2017, arising out of Unit Case No. 01/PRV/2017 registered for offences punishable under Sections 20, 23, 25 and 29 of the NDPS Act.

Allegation against the petitioner is of recovery of 143.6 kilogram of Ganja from a container.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and only happens to be the khalasi of the container from which the alleged recovery has been made and has nothing to do with the same and further the statement of the petitioner recorded before the DRI officials, shows that he was on duty for last ten days only and he has no knowledge about the recovered ganja. Petitioner has no criminal

Patna High Court Cr.Misc. No.37224 of 2017 (3) dt.31-08-2017 2/2 antecedent and has been in judicial custody since 07.04.2017. Learned Senior Standing Counsel, Mr. Satya Prakash Tripathy, appearing on behalf of the Customs, Govt. of Indian has opposed the prayer for bail and submitted that the alleged recovery is in the commercial quantity.

Having heard both sides, considering the fact and circumstances of the case and the quantity of recovery, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the commitment of the case and after commitment try to conclude it within a period of nine months, even by conducting the trial on day to day basis.

(Vinod Kumar Sinha, J) sunil/- U T