Faiz @ Faizi Hussain v. The Union Of India Through The Director, Narcotic Control Bureau, Patna Zonal Unit, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55599 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Faiz @ Faizi Hussain S/O Mojahid Ansari Resident Of Mohalla- Jannat Nagar, Police Station- Khunti, District- Khunti(Jharkhand) ... ... Petitioner/s
Versus
The Union Of India Through The Director, Narcotic Control Bureau, Patna Zonal Unit, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2 For the Union of India :
Mr. Manoj Kumar Singh (C.G.C) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard the parties.
The petitioner is languishing in custody in a case registered for the offences punishable under Section 67 of the N.D.P.S Act.
As per prosecution case, 14 kilograms of liquid opium was recovered from a Brezza vehicle which was being driven by Md. Aslam Ansari. The said Aslam Ansari confessed his guilt and disclosed the name of the petitioner as supplier of the opium.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.55599 of 2022(9) dt.23-05-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the apprehended accused persons or seized opium or the vehicle in question. The petitioner is languishing in custody since 19.06.2022.
In contra, learned counsel appearing on behalf of the N.C.B has submitted that during investigation, chain of occurrence has been established and it has been detected that co-accused was in conversation with the petitioner and the petitioner has also confessed his guilt in his self-inculpatory statement.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-
Patna High Court CR. MISC. No.55599 of 2022(9) dt.23-05-2023 3/3 Special Judge, N.D.P.S. Act, Gaya in connection with N.C.B Case No. 11 of 2022.
(Sunil Kumar Panwar, J) Shageer/- U T