Krishnadhan Das @ Krishnandan Das v. The Union Of India Through Narcotics Control Bureau, Government Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68694 of 2019 Arising Out of PS. Case No.-2 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== KRISHNADHAN DAS @ KRISHNANDAN DAS Son of Naresh Chandra Das Resident of Village - Howaibari, P.S.- Teliamura, District- Khowai (State - Tripura) ... ... Petitioner/s

Versus

THE UNION OF INDIA THROUGH NARCOTICS CONTROL BUREAU, GOVERNMENT OF INDIA India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Opposite Party/s :

Mr.S.D. Sanjay (A.D.S.G) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Ashok Kumar, the learned APP for the State. The present petition is by way of 2nd attempt at the behest of the petitioner for grant of regular bail inasmuch as the earlier bail petition filed by the petitioner for grant of regular bail was dismissed by this Court by an order dated 06.07.2018 passed in Cr. Misc. No. 25174 of 2018 in connection with Special Case No. 11 of 2017 arising out of F. No. NCB/PZU/V/02/2017 P.S.

Patna High Court CR. MISC. No.68694 of 2019(2) dt.09-06-2020 2/2 Case No. 227 of 2017 for the offence punishable under Sections 8 & 20 of the N.D.P.S. Act.

The allegation is regarding recovery of huge quantity of ganja totaling to 695.250 Kg from a truck and the petitioner was apprehended from the spot.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 21.01.2017 and he is merely a driver of the truck in question. Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the materials on record, this Court finds that there is no change in circumstances, from the day the prayer of the petitioner for grant of bail was rejected earlier by this Court vide order dated 6.7.2018, till date. Hence, the present petition stands dismissed especially on account of the huge quantity of ganja having been recovered from the truck from where the petitioner was caught red handed.

(Mohit Kumar Shah, J) Tiwary/- U T