Gurmail Singh v. Union Of India Through Intelligence Officer, Narcotics Control Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1448 of 2023 Arising Out of PS. Case No.-18 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== GURMAIL SINGH S/o Late Bakshish Singh R/o Mohalla- B1/106, ISSA Nagar Suranussi, P.S.- Maqsudan, Distt- Jalandhar (Punjab). ... ... Petitioner/s

Versus

Union of India through Intelligence Officer, Narcotics Control Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mrs. Shail Kumari, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 06.09.2019 in connection with Special Case No.109 of 2019 arising out of NCB Case No. NCB/PZU/V/18/2019, F.I.R. dated 06.09.2019 registered for the offence punishable under Sections 8(c),20,25,29 of the NDPS Act.

Earlier the prayer for bail of the petitioner was rejected vide order dated 13.01.2020 passed in Cr. Misc. No.83534 of 2019.

Learned counsel appearing for the petitioner submits that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the Truck in question and it is admitted fact that the petitioner is owner of

Patna High Court CR. MISC. No.1448 of 2023(5) dt.20-06-2023 2/2 the Truck in question and except the voluntary statement of the petitioner, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present case.

Vide order dated 08.05.2023, a report was called for with regard to the stage of the trial. Report of the learned Trial Court dated 13.06.2023 reveals that out of eight chargesheet witnesses, six witnesses have already been examined and rest two witnesses are yet to the examined.

Considering the report of the learned Trial Court and there is recovery of 570 Kg of Ganja from the Truck in question in which the petitioner is owner of the Truck, I am not inclined to enlarge the petitioner on bail in connection with Special Case No.109 of 2019 arising out of NCB Case No. NCB/PZU/V/18/2019 pending in the court of learned A.D.J.- VIII, Patna.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T