Pradeep Kumar @ Happy Singh v. The Union Of India Through D R I, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78505 of 2024 Arising Out of PS. Case No.-3 Year-2020 Thana- D.R.I District- Patna ====================================================== Pradeep Kumar @ Happy Singh, S/o- Shri Baldev Singh @ Baldev Raj, R/oHouse No 3, Baba namdev Colony, P.S.- Basti Jodhewal, District- Ludhiana, (Punjab) ... ... Petitioner/s

Versus

The Union of India through D R I, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dr.K.N.Singh (A.S.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2025 Heard Mr. Manoj Kumar Singh, learned counsel for the petitioner and Mr. Dr. K.N. Singh, learned A.S.G. for the D.R.I.

2. The petitioner has prayed for bail in connection with DRI/LZU/PRU/718 (II)/ENQ-06/2020 (Special NDPS Case No. 97 of 2020) registered for the offence punishable under Sections 8(C), 20(B), 25 and 29 of the N.D.P.S.

3. The case of the prosecution is that 937 kg of ganja was recovered from the possession of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It is further submitted that the petitioner is the driver and

Patna High Court CR. MISC. No.78505 of 2024(3) dt.24-02-2025 2/2 he was having no knowledge about the seized article. In this case, status of the trial has been called for from the learned trial court. The trial court has reported that only three witnesses is to be examined yet. Other witnesses have been examined and the trial court has requested for four months time for disposal of this case. Learned counsel further submits that provisions of HIV and Acquired Immuno Deficiency Syndrome (Prevention and Control) Act, 2017 provides that legal proceeding against a person suffering from HIV should be disposed of expeditiously.

5. The learned A.S.G. for the D.R.I. has opposed the prayer for bail of the petitioner. The amount of contraband which has been recovered from the possession of the petitioner is of commericial quantity.

6. Having heard learned counsel for the parties and considering the request of the learned trial court, four months time is granted. Considering facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage, however, he is at liberty to renew his prayer for bail after four months if the trial does not conclude.

(Ashok Kumar Pandey, J) durgesh/- U T