Ekramul Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72040 of 2023 Arising Out of PS. Case No.-423 Year-2022 Thana- Excise P.S. District- Purnia ====================================================== Ekramul Miya S/O Md. Ali Miya @ Mahat Ali Miya Resident Of Village - Nagar Singhimari, P.S.- Sheetal Kuch, P.S.- Kuch Bihar (West Bengal) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad For the Opposite Party/s :
Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Excise P.S. Case No. 423 of 2022 instituted for the offence under Sections 20(b)(i)(c) & 25 of the N.D.P.S. Act.
3. As per F.I.R., prosecution case relates to recovery of Ganja like contraband substance i.e. 123.219 kg from Innova Car and three accused persons including the petitioner sitting inside were apprehended after chase.
4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of ganja like contraband substance or the the vehicle in question. It is further submitted that the provision
Patna High Court CR. MISC. No.72040 of 2023(3) dt.31-01-2024 2/2 of N.D.P.S. Act has not been followed properly. Moreover, petitioner has got no criminal antecedent and languishing in judicial custody since 29.8.2022.
5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner was apprehended on spot. The quantity of recovered contraband material is beyond the commercial quantity. As per F.S.L. report, Ganja is detected containing T.H.C. as their chief intoxicating ingredient. It is also submitted that during investigation, several witnesses have also supported the prosecution.
6. Having heard the learned counsel for the parties and considering the huge quantityGanja, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.
(Sunil Kumar Panwar, J) sushma/- U