Md. Sabir v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66574 of 2018 Arising Out of PS. Case No.- Year- Thana- District- East Champaran ====================================================== Md. Sabir, Son of late Shakir Mian Resident of Village- Amodei, Police Station- Ramgarhwa, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

The Union Of India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Zeyaul Hoda, Advocate For the Opposite Party/s :

Mr.S.D Sanjay Addl. Soc. General Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2019 Heard Mr. Ram Anurag Singh, learned CGC appearing on behalf of the Union of India.

From the two houses, 1378 kgs of Ganja was recovered. One of the houses was identified to be of the petitioner.

Learned counsel for the Union of India submits that the recovery is of commercial quantity and in a case registered in 2004 on 09.12.2017.

Though the prosecution report dos not suggest the specific recovery from the house of the petitioner but considering the recovery of commercial quantity of Ganja which is hit by the embargo under Section 37 of the NDPS Act and the fact that the petitioner is arrested after more than 13 years of the

Patna High Court Cr.Misc. No.66574 of 2018(5) dt.18-02-2019 2/2 registration of the case, this Court is not inclined to grant bail to the petitioner in connection with N.D.P.S. Case No. 39 of 2008, arising out of N.D.P.S. Case No. 42 of 2004, pending in the Court of learned 1st Additional Sessions Judge -cum- Special Judge, East Champaran, Motihari.

Accordingly, the prayer for bail of the petitioner is rejected.

However, it is expected from the learned trial Court to expedite the trial.

(Dinesh Kumar Singh, J) DKS/- U T