Jharilal Ray v. The Union Of India Through The Director Narcotics Control Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52267 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Jharilal Ray, Son of Baleshwar Rai @ Valeshwar Ray, R/o Village- Saidabad, Mohanpur, P.S.- Raghopur In The District Of Vaishali ... ... Petitioner

Versus

The Union of India Through The Director Narcotics Control Bureau, Patna Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. K.N. Singh (A.S.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 27-02-2023 Heard Ld. counsel for the petitioner, and Ld. Counse for the Union of India.

The petitioner seeks bail in connection with N.D.P.S. Case No.59 of 2022,(arising out of N.C.B. Patna case No.10 of 2022) registered for the offences punishable under Sections 401 of the Indian Penal Code and Section 8(c)r/w, 20(b)(ii)(c)/25 and 29 of the N.D.P.S. Act. As per allegation, 133 kg of Ganja has been recovered from a pick-up van bearing Registration no. BR53G-1598. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.52267 of 2022(5) dt.27-02-2023 2/3 case. He further submits that search and seizure has not been made as per the procedure as prescribed under N.D.P.S. Act. He further submits that investigation in this case is complete and charge-sheet has already been submitted.

He further submits that the petitioner has been languishing in jail since 25.03.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has has been made accused in one other case.

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. Counsel for the N.C.B (Narcotics Control Bureau) vehemently opposes the prayer of the petitioner for bail submitting that the alleged contraband is much more than the commercial quantity and the petitioner was sitting in the vehicle from which the alleged contraband has been recovered.

Considering the quantity of the alleged contraband,

Patna High Court CR. MISC. No.52267 of 2022(5) dt.27-02-2023 3/3 I am not persuaded to enlarge the petitioner on bail submitting that .

The petition stands rejected accordingly.

Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) chandan/- U T