Chhotu Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62853 of 2022 Arising Out of PS. Case No.-527 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Chhotu Kumar S/O Shiv Chandra Das R/O Village- Nawangar, P.S.- Bidupur, Distt- Vaishali.

... ... Petitioner/S

Versus

The Union of India Delhi.

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 527 of 2021 lodged under Sections 20(b) (1)(c)/23(c)/27(A)/29 of the N.D.P.S. Act.

As per the prosecution case, total recovery of 22kg 600gm ganja has been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that gross violation in recovery has taken place because there is no independent witness in the seizure list. Counsel submits that there is violation of Sections 50 and 55 of the N.D.P.S. Act.

Patna High Court CR. MISC. No.62853 of 2022(2) dt.25-02-2023 2/2 Counsel submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 30.10.2021 having four criminal antecedents.

Learned counsel for the State vehemently opposes the prayer for bail and submits that from the order-sheet of the Session Court, it transpires that the said material was sent to the F.S.L. and the F.S.L. report confirms that it is ganja. He further submits that the amount recovered was 22kg 600gm, which is commercial quantity and there is no discrepancy in the seizure list.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ashishsingh/- U T