Patna High CourtCR. MISC./55845/2023rejected

Surendra Yadav @ Surendra Singh @ Surendra Singh Yadav v. The Union Of India Through N.C.B., Patna Branch, Patna

2024-01-24Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55845 of 2023 Arising Out of PS. Case No.-20 Year-2022 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna ====================================================== Surendra Yadav @ Surendra Singh @ Surendra Singh Yadav Son Of Mokhan Singh Yadav Resident Of Village Budhanipur Bhitari, Po Bhitari, Ps Saidpur, District- Gazipur (U.P.) ... ... Petitioner/s

Versus

The Union Of India Through N.C.B., Patna Branch, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Majid Mahboob Khan For the UOI(NCB) :

Mrs.Shail Kumari, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned counsel for the NCB.

2. The petitioner has prayed for bail in connection with Special (NDPS) Case No. 50 of 2023 arising out of NCB Case No. 20 of 2022 instituted for the offence under Sections 20(b)(ii)(c), 25 & 29 of the N.D.P.S. Act.

3. As per complaint case, the petitioner is said to have been apprehended with a truck bearing registration no. RJ11GA5291 from where, total 337 kg of Ganja like contraband substance was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case. The petitioner has no concern with

Patna High Court CR. MISC. No.55845 of 2023(6) dt.24-01-2024 2/3 the alleged recovery of ganja like contraband substance or with the truck in question. It is further submitted that the provision of N.D.P.S. Act has not been followed properly. Moreover, the petitioner is languishing in judicial custody since 7.9.2022.

5. Learned counsel appearing on behalf of N.C.B. has opposed the prayer of regular bail and submitted that the petitioner was apprehended on spot with a truck from where, ganja like narcotic substance was recovered which is said to be 337 kg and the same is much more than commercial quantity as per the NDPS Act. According to F.S.L. report, sample of seized material tests positive for ganja. It is also submitted that witnesses of this case have also supported the prosecution.

6. In pursuance to the direction of this Court, a report dt. 4.1.2024 with regard to present stage of trial has been received by which it appears that the trial is likely to be concluded within six months.

6. Having heard the learned counsel for the parties and considering the fact that the seized ganja is more than commercial quantity, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and

Patna High Court CR. MISC. No.55845 of 2023(6) dt.24-01-2024 3/3 conclude the same within stipulated period of time i.e. six(6) months, failing which the petitioner may renew his prayer of bail.

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