Md. Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73355 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- AMAUR District- Purnia ====================================================== MD. NASIM Son of Late Domar Resident of Village - Belka, P.S.- Amour, Distt.- Purnea.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikram Singh For the State :

Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 8, 20(b), 21(b), 25 of the NDPS Act and Section 18(c), 27(b)(ii) of Drugs and Cosmetics Act, 1940. Allegedly, 81.400 kgs. Ganja and codeine syrup are recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 31-05-2019. Charge sheet has already been submitted. As per allegation, 15.5 kg. Ganja is said to have been recovered from the petitioner. Same is below the commercial quantity. Hence Section 37 of the NDPS Act is not

Patna High Court CR. MISC. No.73355 of 2019(2) dt.19-11-2019 2/2 applicable in the present case. There is no compliance of Section 42 & 50 of NDPS Act. So far as other accused persons are concerned, from possession of co-accused, Md. Samim 22 kg. Ganja is said to have been recovered.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS, Purnea in connection with Special case (NDPS) 15 of 2019 arising out of Amour P.S. Case No. 70 of 2019. (Sudhir Singh, J) A.K.V.//- U T