Rama Shankar Singh @ Guddu Singh v. The Union Of India Through The Rahul Kumar Purbey, Intelligence Officer, Narcotics Control Bureau

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67441 of 2022 Arising Out of PS. Case No.-13 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== RAMA SHANKAR SINGH @ GUDDU SINGH SON OF RAM NARESH SINGH R/O VILL.- JAGDISHPUR, P.S.- MAHARAJGANJ, DISTT.- SIWAN ... ... Petitioner/s

Versus

1.

THE UNION OF INDIA THROUGH THE RAHUL KUMAR PURBEY, INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU, PATNA 2.

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Tiwari, Advocate For the Opposite Party/s :

Ms.Shail Kumari, C.G.C.

Mr.Shailendra Kumar,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

17-07-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 8, 20(b)(ii)(c) of the N.D.P.S. Act.

3. As per the prosecution case, 240 Kg. of Ganja has been recovered from a Maruti Alto Car, of which, this petitioner is registered owner.

4. It is submitted on behalf of petitioner that petitioner has been made accused in this case merely because he happens to be owner of the vehicle in question, whereas, he has got no concern with the said Alto Car, as prior to two months of the said occurrence, the said car was already sold to Md. Parvej

Patna High Court CR. MISC. No.67441 of 2022(4) dt.17-07-2023 2/2 Khan on a consideration amount of Rs. 2,00,000/- (two lacs). In support of the same, petitioner has annexed sale affidavit, which is annexed at Annexure 2 to the bail application.

5. However, learned counsel for the Union of India vehemently opposes the prayer for anticipatory bail and submits that in this case, huge quantity of Ganja has been recovered and petitioner is registered owner of one of the vehicle.

6. Considering the same, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T