Patna High CourtCR. MISC./19903/2016bail granted

Chandan Kumar v. The Union Of India Through Narcotics Control Bureau, Patna

2017-02-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 19903 of 2016 Arising out of P.S. Case No. - 5 Year - 2015 Thana - GOVERNMENT OFFICIAL COMP. District - PATNA ====================================================== Chandan Kumar, S/o Late Ishwar Ram, R/o Mohalla Gol Bagicha, Near Devi Asthan, P.S. - Kotwali, District - Gaya .... .... Petitioner

Versus

The Union of India through Narcotics Control Bureau, Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Birendra Kumar Singh, Advocate For the Opposite Party : Mr. S. D. Sanjay, A.S.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15 14-02-2017 Heard learned counsels for the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Huge quantity of corex cough syrup was recovered by the Narcotic Drugs Bureau from Golden Transport Office. The same was containing codeine, a narcotic drug in the commercial quantity as per the calculation enclosed with the bail petition. The petitioner is in custody since 04.11.2015. Allegation is that the petitioner was the staff of said transport. The transporter is not an accused in this case nor there is any material on the record to substantiate that who was the consignor and to whom the consignment was booked. If everything was going on through a code number, as alleged, the consignor, the transporter and the

Patna High Court Cr.Misc. No.19903 of 2016 (15) dt.14-02-2017 2/2 consignee were equally responsible, but the transporter is not an accused in this case.

Learned counsel for the Union of India, vehemently, opposed the prayer for bail.

Considering the aforesaid material and the period already undergone by the petitioner, let the petitioner, above named, be enlarged 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 District & Sessions Judge-cum-Special Judge, N.D.P.S. Act, Patna/successor Court in connection with Special Case No. 40 of 2015 arising out of Narcotics Control Bureau Patna Police Station Case No. NCB/PZU/V/05 of 2015. Kundan (Birendra Kumar, J) U T