Salma Begum @ Salam Begam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69203 of 2022 Arising Out of PS. Case No.-368 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Salma Begum @ Salam Begam W/o Sukrullah Miyan @ Sakrullah Miyan R/o Village- Chhatiya Ghat, Chaurasiya Tola, P.S.- Ramnagar, Distt- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Ramnagar P.S. Case No. 368 of 2022 registered for the offence under Sections 20, 21-A, 22, 22-B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short 'N.D.P.S. Act'), though cognizance has been taken of the offences under Sections 20(b) (ii) and 21 (d) of the N.D.P.S. Act. The accused/petitioner is named in the F.I.R. and is in custody since 27.07.2022.
The allegation against the petitioner is to have in
Patna High Court CR. MISC. No.69203 of 2022(3) dt.09-05-2023 2/3 possession of 314 grams of ganja alongwith 7 grams of smack. Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of contraband i.e., ganja and smack was made from possession of this petitioner, where admittedly, the compliance of Section 50 of the N.D.P.S. Act not appears to be followed. It is also submitted that recovery of ganja is less than smaller quantity where maximum punishment is extendable up to one years and in case of smack, the quantity is also appearing less than commercial quantity and, as such, the barrier of Section 37 of the N.D.P.S. Act is not appearing applicable in present case.
It is also submitted that the procedure as regard to search of premises and sampling of contraband are also not appears to be followed in present case. While concluding the argument, it has been submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above and by taking note of recovered quantity of contraband i.e., ganja and smack which is less than commercial quantity coupled with the fact that petitioner is a lady of clean
Patna High Court CR. MISC. No.69203 of 2022(3) dt.09-05-2023 3/3 antecedent, where charge-sheet has already submitted, accordingly, the petitioner, above named, is directed to be released on bail in connection with Ramnagar P.S. Case No. 368 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, West Champaran at Bettiah/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T