Satveer Kumar v. The Union Of India Through Narcotic Control Bureau, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.395 of 2021 Arising Out of PS. Case No.-2 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Satveer Kumar Son of Ramvilas Singh resident of Village- Karari Pipariya, P.S. Pipariya, District- Lakhisarai ... ... Petitioner/s

Versus

The Union of India through Narcotic Control Bureau, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Vikram Deo Singh with Mr. Arjun Prasad, Advocates For the State :

Mr. Pancha Nand Pandi, APP For the U.O.I.

:

Mr. Manoj Kumar Singh CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-03-2021 Heard learned counsel for the petitioner, learned counsel for the Union of India and the learned APP for the State. Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in NDPS Case No. 07 of 2020, arising out of NCB Crime No. 02 of 2020, instituted for the offence under Sections 8(c), 20(b) (ii)(c),29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

The petitioner has been accused and apprehended with 204 kg of 'Ganja' in the vehicle, by which, he was travelling.

It is submitted by the petitioner's counsel that recovery

Patna High Court CR. MISC. No.395 of 2021(5) dt.25-03-2021 2/2 was not from his conscious possession. The petitioner was merely, at best, as per prosecution case, travelling in the vehicle. The learned counsel(s) for the Union of India as well as the learned APP have opposed the prayer for bail. It is submitted that in view of the provisions contained in Section 37 of the Act, no case has been made out for grant of bail to the petitioner. The petitioner is said to be in custody since 06.02.2020, having no criminal antecedents. Pursuant to the order dated 24.02.2021, passed by this Court, report dated 04.03.2021, has been received from the Court concerned and placed at Flag- 'R', wherein, it is stated that the case was fixed on the point of charge. Since the witnesses mostly would be official witnesses, this Court would only observe that the Trial Court should proceed expeditiously to bring the trial to its logical conclusion without any unnecessary delay and undue adjournments. The application is dismissed.

(Madhuresh Prasad, J) shyambihari/- U T