Bhishma Narayan Tiwary @ Guddu Tiwary v. Narcotics Control Bureau, Patna Zonal Unit, Cgo Complex, 4th Floor D And E Block, Karpuri Thakur

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61167 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Aurangabad ====================================================== Bhishma Narayan Tiwary @ Guddu Tiwary S/o Ram Bihari Tiwary Resident of New Dillia, Ward No. 12, Near J.J. College, Police Station- Town Thana Dehri, District- Rohtas ... ... Petitioner/s

Versus

Narcotics Control Bureau, Patna Zonal Unit, CGO Complex, 4th Floor D and E Block, Karpuri Thakur CGO Complex 4th Floor D and E Block Karpuri Thakur Sadan Rajiv Nagar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranvijay Narain Singh, Advocate For the Opposite Party/s :

Mr. Arvind Kumar, CGC Mr. Awdhesh Kumar Pandey, Sr. CGC Mr. Abhisekh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in NCB Case No. 14 of 2023 instituted for the offences under Sections 8(c),20(b)(ii)(c), 25 & 29 of the NDPS Act.

3.

The earlier bail application of the petitioner was rejected vide order dated 08-05-2024, passed in Cr. Misc. No. 5709 of 2024 to the present application taking into account that recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the NDPS Act. 4.

Prosecution case, in brief, is that there is recovery of 554 Kgs of ganja from truck bearing Reg. No. JH09AD9827. 5.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.61167 of 2024(2) dt.23-08-2024 2/2 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner further submits that there is no allegation of tampering of witnesses alleged against the petitioner. It is further submitted that nothing incriminating has been recovered from the conscious possession of the petitioner. Merely on the statement of the driver of the truck, petitioner has been dragged in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the NDPS Act. It is next submitted that petitioner is a party to the criminal conspiracy.

7.

Considering the aforesaid facts and circumstances of the case, this Court is not inclined to take a different view. Accordingly, prayer is rejected.

8.

Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T