Ajay Kumar @ Badal Paswan v. The Union Of India, Through Director Narcotic Control Bureau

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52203 of 2022 Arising Out of PS. Case No.-3 Year-2021 Thana- PALIGANJ District- Patna ====================================================== AJAY KUMAR @ BADAL PASWAN S/o Rampravesh Paswan R/o villageDarveshpur Uparwar, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

1.

THE UNION OF INDIA, THROUGH DIRECTOR NARCOTIC CONTROL BUREAU, New Delhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath For the Opposite Party/s :

Mr. K.N. Singh (A.S.G) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned counsel for the Union of India.

The petitioner has prayed for bail in connection with Special Case (N.D.P.S.) No. 01/021, arising out of Paliganj P.S. Case No. 03 of 2021, instituted for the offence under Section 8, 20(b) (ii) (c) of N.D.P.S. Act.

As per allegation in the F.I.R., it is a case of recovery of Ganja weighing about 13.410 Kg. and another bag which was thrown by person who succeeded in fleeing away from which 9.050 kg. ganja was found, in total 21.860 kg Ganja was seized. That recovered 13.410 kg Ganja is below the commercial quantity.

Patna High Court CR. MISC. No.52203 of 2022(4) dt.07-02-2023 2/2 Learned counsel for the petitioner submitted that petitioner is quite innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner.

Learned APP appearing on behalf for the State vehemently opposed the prayer of regular bail and submitted that huge quantity of Ganja were recovered from the possession of the petitioner. Petitioner having accused in 13 cases in which ten cases is pending and in three other cases he is on bail. Having heard the learned counsel for the parties and considering the nature of allegation, this Court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same within the period of six month. However, if the trial of petitioner is not concluded within period of six months, he would be at liberty to renew his prayer for bail.

(Sunil Kumar Panwar, J) Ranjeet/- U T