Patna High CourtCR. MISC./26282/2016dismissed

Sanjay Rai v. The State Of Bihar

2016-09-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26282 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -JADOPUR District- GOPALGANJ ====================================================== Sanjay Rai son of Mahanth Rai Resident of Village -Naya Tola Bhathwa,p.s.- yadopur, District- Gopalganj .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 05-09-2016 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 29.03.2016 in a case registered for the offences punishable under Sections 8, 20, 22 of the NDPS Act.

The prosecution case is that the SHO Yadopur Police Station received information on 29.03.2016 at 1.00 A.M. that in a Mango Orchard towards south of the house of the petitioner Ganja has been stored for smuggling, consequently raid was laid and 20 packets Ganja weighing 98.800 kgs. were recovered and the petitioner was apprehended from the place of seizure.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.26282 of 2016 (3) dt.05-09-2016 2/2 petitioner that the seizure cannot be treated from the possession of the petitioner and till date FSL report has not come. Considering the commercial quantity of recovery coupled with the fact that the petitioner has been chargesheeted, this Court is not inclined to grant bail to the petitioner in view of the embargo under Section 37 of the NDPS Act in connection with Yadopur P.S. Case No. 19 of 2016 pending in the court of learned Sessions Judge, Gopalganj.

Accordingly, the prayer for bail of the petitioner is rejected.

It is expected from Director, FSL to transmit the FSL report when it is expected from the learned court below to make effort to get the FSL report.

Let the trial be expedited.

Let a copy of the order be transmitted to the Director, FSL.

(Dinesh Kumar Singh, J) DKS/- U T