Lalan Mehta @ Lalan Kumar Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45423 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- BIRPUR District- Supaul ====================================================== LALAN MEHTA @ LALAN KUMAR MEHTA Son of Ramsagar Mehta Resident of Village - Bela Ward No.- 4, P.S.- Narpatganj (Basmatiya O.P.), District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Arvind Kumar, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :
Mrs.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in NDPS (Special) Case No. 17/2023 arising out of Birpur P.S. case No. 73/2023 instituted for the offences under Sections 8/20(b)(ii)(B), 21(b) of the N.D.P.S. Act and Section 25(1-B)a and 26 of the Arms Act.
3. Prosecution allegation, in short, is that on search police recovered 8 kg ganja, 2100 tablets of Nitravet-10, 5970 capsules of Tramol-50, 1728 capsules of Spasmo-Proxyvon and 160 bottles of Dilex-DC cough syrup. The police further recovered two country made loaded pistols, 10 live cartridges,
Patna High Court CR. MISC. No.45423 of 2023(9) dt.23-04-2024 2/3 one empty cartridge besides Rs. 1,69,155 Nepali currency and some other documents.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case without the F.S.L. report. Thereafter cognizance was taken against the petitioner. Learned counsel for the petitioner submits that the recovered cough syrup and medicines were manufactured as per standard prescription under the Drugs and Cosmetics Act. Hence, it does not come under the purview of N.D.P.S. Act. No incriminating material has been recovered from the conscious possession of the petitioner. So far recovery of contraband is concerned, the same is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. The petitioner is in custody for more than one year i.e. since 02.03.2023 and has got three criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner
Patna High Court CR. MISC. No.45423 of 2023(9) dt.23-04-2024 3/3 and the recovered contraband below commercial quantity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with NDPS (Special) Case No. 17/2023 arising out of Birpur P.S. case No. 73/2023 subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III)The petitioner will not hamper the trial or temper with any prosecution evidence. If he is found involved in such incidence, the prosecution shall have liberty to take steps for cancellation of bail granted to the petitioner. (Rudra Prakash Mishra, J) Pankaj/- U T