Mst. Poonam Kuwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17843 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Mst. Poonam Kuwar wife of Late Paras Jha resident of Village - Pokharbhinda, P.S. - Bettiah Muffasil, District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-06-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Bettiah Muffasil P.S. Case No.42 of 2018 registered under Sections 20, 21 and 23 of the N.D.P.S. Act.

Allegation in brief is that 160 purias of Ganja in total 6 Kgs. and 700 Gms. was recovered from the house of the petitioner.

Learned counsel for the petitioner submits that there is violation of Section 50 of the NDPS Act as search was not made in presence of the Magistrate.

There is no requirement of presence of Magistrate in case of recovery of Ganja from the house or for raiding the house. However, the recovery is from the house where several

Patna High Court Cr.Misc. No.17843 of 2018(4) dt.26-06-2018 2/2 persons reside and there is no antecedent of the petitioner, so the petitioner Mst. Poonam Kuwar is directed to be released on bail after framing of charge on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Champaran at Bettiah in connection with Bettiah Muffasil PS Case No.42 of 2018.

(Arun Kumar, J) S.KUMAR/- U T