Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84655 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- CUSTOM (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== Raj Kumar Yadav S/o- Ramajor Yadav Resident of village- Karanpur PsChanpia District- Gonda, U.P ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through the Commissioner of Customs (Preventive) Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the State :

Mr. Jitendra Kumar Singh, APP For the UOI :

Mr. Amit Pandey, Sr. Standing Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-12-2024 Heard the parties.

2. The petitioner is in judicial custody in connection with Custom Case No. 04 of 2024-25 for the offences punishable under Sections 08, 20, 23, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

3. As per the prosecution story, the informant alleged that during vehicle checking, a truck was intercepted and there is recovery/seizure of 136 Kilogram ganja. This led to the F.I.R.

4. Learned counsel for the petitioner submits that he has been falsely implicated and made to confess the crime.

5. Learned counsel representing the Central Government has taken this Court to the F.I.R. to show that the

Patna High Court CR. MISC. No.84655 of 2024(2) dt.12-12-2024 2/2 huge quantity of ganja has been recovered/seized which is much above the commercial quantity envisaged under the N.D.P.S. Act.

6. Considering the submissions put forward by the parties as also the quantity that has been recovered, no case is made out.

7. Accordingly, the bail application stands rejected. (Rajiv Roy, J) vinayak/- U T