Golden Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18710 of 2017 Arising Out of PS.Case No. -144 Year- 2013 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Golden Upadhyay, Son of Bhola Upadhayay, resident of Village- Dal Sagar, P.S.- Buxar Audhogik, District- Buxar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar Mishra, Adv. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-06-2017 Heard both sides.

The petitioner seeks bail in Durgawati P.S. Case No. 144/2013, registered for the offences punishable under Sections 20(B)(ii), 21, 22, 25 and 27(A) of the N.D.P.S. Act. Prayer for bail of the petitioner was earlier rejected vide order dated 27.07.2016.

Learned counsel for the petitioner submits that the petitioner was the driver of the truck and he had no knowledge about the content kept in the bags. The owner of the truck did not appear. It is further submitted that seizure list of the seized article have not been produced in the Court and on this ground alone the conviction of the accused was set aside vide order/judgment

Patna High Court Cr.Misc. No.18710 of 2017 (4) dt.21-06-2017 2/2 passed in Cr. Appeal No. 673/2015 reported in Vol-2, PCCR (2017), but it appears that petitioner was driving the vehicle and 19 bags of Ganja was recovered from the truck. Commercial quantity of Ganja was recovered from the possession of the petitioner and the Ganja (specimen) was duly produced before the Court and the same was sent to the Forensic Science Laboratory. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T