Patna High CourtCR. MISC./70929/2018dismissed

Kuldeep Singh v. The State Of Bihar

2019-04-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70929 of 2018 Arising Out of PS. Case No.-209 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== Kuldeep Singh S/o Harbhajan Singh Resident of Village-Badala Bazar,P.S. Kola Jaur,Distt.-GurudaspurPunjab ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Sinha For the Opposite Party/s :

Mr.Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 8, 20(c) (ii)(c) of the N.D.P.S. Act. The prosecution case in short is that 363 kg ganja has been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.4.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. 363 kg ganja is alleged to have been recovered from the truck in question. The petitioner is driver of the truck in question. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

Patna High Court CR. MISC. No.70929 of 2018(6) dt.16-04-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The alleged recovered quantity is above the commercial quantity. The same has been recovered from the constructive possession of the petitioner. In the light of the provisions of Section 37 of the N.D.P.S. Act, the petitioner cannot be granted bail.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T