Pushkar Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.568 of 2023 Arising Out of PS. Case No.-18 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Pushkar Raj Son Of Dewan Chand R/O Sector 4/C, Shastri Nagar, Mandi Gardanibagh, P.S.- Mandi Gobindgarh, District- Fatehgarh Sahab, StatePunjab. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Union Of India Through Intelligence Officer, Narcotics Control Bureau, Patna Zonal Unit Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Kumar For the Opposite Party/s :

Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2023 Heard learned counsel for the parties.

This application is filed for quashing the part of the order dated 01.12.2021 passed by the court of Session Judgecum-Special Judge (NDPS Act), Gaya in NDPS Case No. 58 of 2021/I.A. No. 01/2021, whereby and where under the Sponge Iron Pellet has been ordered to be released in favour of the petitioner, but after furnishing of bank guarantee to the tune of Rs. 5,84,718/- which is the total invoice cost of the Sponge Iron Pellet and further directing upon the learned Special Judge (NDPS Act), Gaya to release the aforesaid article in favour of the petitioner without furnishing any guarantee. By the impugned order dated 01.12.2021, the order of

Patna High Court CR. MISC. No.568 of 2023(2) dt.08-05-2023 2/2 release has been passed directing the petitioner to furnish the bank guarantee. The petitioner has shown inability in furnishing the bank guarantee.

In view of the aforesaid, the goods (Sponge Iron Pellet) shall be released in favour of the petitioner after furnishing surety of Rs. 6,00,000/- (Six Lakh) by the petitioner. Accordingly, this application is disposed of. (Sandeep Kumar, J) Ranjeet/- U T