Bullu Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75841 of 2018 Arising Out of PS. Case No.-558 Year-2017 Thana- BHABHUA District- Kaimur (Bhabua) * ====================================================== Bullu Bind, Son of Sarjoo Bind, Resident of Village - Chandoruiyan, P.S. Bhabhua, Distt.-Kaimur at Bhabhua ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar Singh For the Opposite Party/s :
Mr.Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 11.09.2017 in a case registered for the offences punishable under Sections 20(B)(ii)(b)/22/27(A) of the NDPS Act. It is alleged that from the possession of the petitioner, 11.5 kgs of Ganja were recovered.
It is submitted by learned counsel for the petitioner that the recovery of the contraband is between the small and commercial quantity and the investigation has already been concluded. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery to the extent of 11.5 kgs of Ganja has been made from the petitioner.
Patna High Court CR. MISC. No.75841 of 2018(3) dt.28-02-2019 2/2 Considering the fact that the recovery is between small and commercial quantity and hence, the embargo under Section 37 of the NDPS Act will not apply, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Kaimur at Bhabhua in connection with N.D.P.S. Case No. 15 of 2017, arising out of Bhabhua P.S. Case No. 558 of 2017. (Dinesh Kumar Singh, J) DKS/- U T