Patna High CourtCR. MISC./73836/2019dismissed

Shambar Khan v. The Union Of India Through Intelligence Officer, Narcotics Control Bureau, Patna

2020-03-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73836 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== SHAMBAR KHAN Son of Late Jogi khan At Pind Kup Khurd, Dilwargarh, P.S.- Ahmedgarh, Kup Kalan, District- Sangrur Punjab. ... ... Petitioner/s

Versus

THE UNION OF INDIA THROUGH INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU, PATNA Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the U.O.I.

Mr. Awadhesh Kumar Pandey Sr. CGC.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Special N.D.P.S. Case No. 32/18 (arising out of NCB/PZU/V/19/18 )instituted for the offences under Sections 8, 20, 25 and 29 of the N.D.P.S. Act. The prosecution case in short is that 279 kg ganja has been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.4.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. It has not yet been ascertained

Patna High Court CR. MISC. No.73836 of 2019(3) dt.05-03-2020 2/2 that the recovered contraband is ganja or not. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The alleged recovered quantity is more than the commercial quantity. In the light of the provisions of Section 37 of the N.D.P.S. Act, the petitioner is not entitled for bail.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within nine year from the date of receipt/production of a copy of this order.

The Director, Narcotics Control Bureau, Patna shall ensure that the prosecution witnesses are produced on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the Director, Narcotics Control Bureau, Patna.

(Sudhir Singh, J) Pankaj/- U T