Virendra Rajbhar v. The Union Of India Through N.C.B., Patna Branch, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47473 of 2023 Arising Out of PS. Case No.-20 Year-2022 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna ====================================================== VIRENDRA RAJBHAR Son of Subacchan Rajbhar Resident of village - Mohamadabad, P.O. - Bhitari, P.S. - Saidpur, Distt. - Gazipur (U.P) ... ... Petitioner/s

Versus

The Union of India through N.C.B., Patna Branch, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Majid Mahboob Khan, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Pandey, Sr. CGC Mr. Arvind Kumar, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with NCB Cr. Case No.20 of 2022 registered for the offence under Sections 20(b)(ii)(c), 25, 28, 29 and 35 of the NDPS Act. 3.

Allegation against the petitioner is to have involved in illegal business of contraband like 'Ganja', where, there is recovery of total 337 K.G. of contraband like 'Ganja' from a container truck bearing registration no.RJ-11GA5291, in presence of the petitioner.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, merely on the basis of suspicion.

Patna High Court CR. MISC. No.47473 of 2023(9) dt.28-02-2024 2/2 It is submitted that recovery of alleged contraband like 'Ganja' was not made from possession of the petitioner, where, petitioner is Khalasi of the said container truck. It is further submitted that the petitioner has no concern with the alleged recovery of contraband like 'Ganja'. It is further submitted that there is violation of Section 50 of the NDPS Act, as mandatory provision was not complied with at the time of search and seizure. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 07.09.2022. 5.

Learned counsel appearing for the Union of India, opposes the prayer for bail of the petitioner and submitted that the recovery of contraband like 'Ganja' is more than commercial quantity.

6.

In view of the allegations and petitioner is Khalasi of the said container truck, who confessed before the authority regarding possession of said contraband like 'Ganja' and recovered quantity of contraband like 'Ganja' is more than commercial quantity, this Court is not inclined to grant bail to the petitioner, at present.

(Ramesh Chand Malviya, J) S.Katyayan/- U T