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Patna High CourtCR. MISC./45034/2018dismissed

Gopi Sah v. Union Of India And ANR

2018-09-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45034 of 2018 Arising Out of PS.Case No. -247 Year- 2017 Thana -MAHESI District- SAHARSA ======================================================

1. Gopi Sah, S/o Sone Lal Sah, R/o Village- Rajanpur, P.S.- Mahishi, District- Saharsa.

.... .... Petitioner/s

Versus

1. Union of India.

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

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. S.D. Sanjay (Asg) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2018 Heard the parties. The petitioner seeks regular bail in connection with Special Case No. 7 of 2017 arising out of Mahishi P.S.Case No. 247 of 2017, registered for the offences under Sections 8 /20 (b) (ii) (C)/22 of N.D.P.S. Act.

Allegation against the petitioner is of recovery of huge quantity of contraband Ganja, weighing 4 quintals 690 grams and cash amount of Rs. 1, 36, 495/- from the house of the petitioner, which was being kept for smuggling and accordingly, a seizure list has been prepared.

Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.45034 of 2018 (3) dt.06-09-2018 2/2 that the petitioner has falsely been implicated in this case on mere suspicion and the alleged seizure list has not been prepared in accordance with law. It is also submitted that there is no cogent material evidence in the case diary to support the allegation against the petitioner and he is in custody since 28.11.2017 without rhyme and reason.

Heard learned A.P.P. also who opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances and considering the recovery of huge quantity of Ganja, I am not inclined to grant bail to the petitioner. However, the learned trial Court is directed to expedite the trial and try to conclude the same within a period of six months. With the aforesaid observation, this appeal is dismissed. (Vinod Kumar Sinha, J) Sudha/- U T