Ravi Kumar Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55748 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- BEGUSARAI RAIL P.S. DistrictBegusarai ====================================================== Ravi Kumar Singh Son Of Ganesh Singh R/O Village- Masar Ward No. 2, P.S.- Gajrajganj (Udwant Nagar), Distt.- Bhojpur ... ... Petitioner/s

Versus

1.

The Union Of India 2.

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

For the Petitioner/s :

Mr. Bikram Deo Singh, Advocate :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. K.N. Singh, A.S.G Mr. Sujeet Kumar Sinha, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with NDPS Case No.27 of 2022 arising out of Begusarai Rail P.S. Case No.39 of 2022 registered for the offence punishable under Sections 8, 20(B)(ii)(c) of the NDPS Act.

As per the prosecution, this petitioner was apprehended with a trolley bag containing 21.400 kg of narcotic material suspected to be "Ganja".

The main submissions advanced by the learned counsel for the petitioner are that while measuring the alleged contraband, the alleged bags were also taken into consideration

Patna High Court CR. MISC. No.55748 of 2022(5) dt.28-02-2023 2/2 as appears from the FIR as well as seizure memo and the mandatory provisions of Section 50 of NDPS Act were not followed by the concerned police officials who made search and seizure of the alleged contraband and the petitioner has been languishing in jail since 13.07.2022.

Learned APP appearing for the State has opposed the bail prayer.

Considering the seriousness of the occurrence which relates to the recovery of 21.400 kg narcotic material suspected to be Ganja which falls under the commercial quantity and the same was recovered from the conscious possession of the petitioner as reflects from the FIR, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his bail prayer stands rejected. (Shailendra Singh, J) sangam/- U T