Girjesh Kumar v. The Union Of India Through Rahul Kumar Purbey Intelligence Officer Narcotics Central Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53127 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== GIRJESH KUMAR Son of Babu Master at-Bihar Ghat, P.O.-Balai Bujurg, P.S.-Derapur, District-Kanpur Dehat (U.P.) ... ... Petitioner/s

Versus

THE UNION OF INDIA THROUGH RAHUL KUMAR PURBEY INTELLIGENCE OFFICER NARCOTICS CENTRAL BUREAU, PATNA Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashwini Kumar Gupta For the Opposite Party/s :

Mr.S.D. Sanjay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in NDPS case no. 65 of 2018 arising out of N.C.B. case no. NCB/ PZU/V/45/2018 instituted for the offence under Section(s) 20(b)(ii)(c) 23(c) of NDPS Act.

It is alleged in the written report that total 43 kg of Charas has been recovered from a Tata Indica vehicle and the petitioner was arrested found sitting on the aforesaid vehicle as a driver.

The petitioner has made confession U/s 67 of the NDPS Act, 1985 before the authority about his involvement in

Patna High Court CR. MISC. No.53127 of 2019(2) dt.28-08-2019 2/2 trafficking of seized contraband articles. The petitioner was merely driver. The owner of the vehicle has managed to run away.

This Court finds that petitioner was apprehended with 43 kg of Charas and he has made confession before the Authority U/s 67 of the NDPS Act,1985. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected. The petitioner is in custody since 21.10.2018. Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of one year from the date of receipt of copy of this order and send compliance report.

Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period. (Sanjay Priya, J) shyambihari/- U T