Chandra Singh @ Chandra Bhushan Singh v. The Union Of India Through The Zonal Director, Narcotics Control Bureau, Patna, Bihar.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69249 of 2023 Arising Out of PS. Case No.-28 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna ====================================================== Chandra Singh @ Chandra Bhushan Singh S/O Rameshwar Singh R/O Kachchi Ghat, Hajiganj, City Central Block, Flat No. B-103, Samapatchak, P.S- Chowk Thana, Distt.- Patna, Bihar.
... ... Petitioner/S
Versus
The Union Of India Through The Zonal Director, Narcotics Control Bureau, Patna, Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh Manish Kumar Singh For the Opposite Party/s (NCB): Mrs. Renuka Sharma, Mr. Rakesh Kumar Mr. Rajni Kant Singh Mr. Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023
1. Heard learned counsel for the petitioner, learned counsel for the NCB and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c) read with Sections 21©, 25, 29 and 35 of the N.D.P.S. Act.
3. As per prosecution case, NCB Patna Zonal Unit had seized a truck from which cough syrups having commercial name 'Dialex-DC' and 'Eskuf Codeine' total 12,296 bottles recovered, where quantity of Eskuf was 7996 bottles which having one of its constituents as codeine, said to be one of the
Patna High Court CR. MISC. No.69249 of 2023(2) dt.01-11-2023 2/3 Narcotic Drugs and also a violation of Bihar Prohibition and Excise Act. From reliable sources, It has been disclosed that this truck and contraband materials belongs to Chandra Bhan Singh @ Chandra Kesh Singh, who is also the owner of the New Golden Transport Company.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner was not apprehended on the spot rather he has falsely been implicated in the present case due to high handedness of the police officials. The petitioner has no concern with the alleged recovery nor he is owner of the seized vehicle. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 26.09.2023.
5. Learned APP appearing for the state and learned counsel for the NCB have vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with F.
Patna High Court CR. MISC. No.69249 of 2023(2) dt.01-11-2023 3/3 No. NCB/PZU/V/28/2021 in Special Case No. 186A of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge Special Judge NDPS, Patna.
(Sunil Kumar Panwar, J) Manishkr/- U T