Mukesh Mahto @ Mukesh Kumar v. The Union Of India Through Narcotics Control Bureau, Patna Zone Unit, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2386 of 2020 Arising Out of PS. Case No.-41 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== MUKESH MAHTO @ MUKESH KUMAR Son of Ram Das Mahto @ Ramdas Mahto Resident of Village-Sitarampur, Rachiyahi, Police StationMatihani, District- Begusarai. ... ... Petitioner/s
Versus
THE UNION OF INDIA THROUGH NARCOTICS CONTROL BUREAU, PATNA ZONE UNIT, PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shanker Pankaj For the NCB :
Mrs. Shail Kumari, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2021 Heard both sides.
The petitioner seeks bail in Special case No. 98/2018, arising out of F. No. NCB/PZU/V/41/2018 registered u/s 8 and 20 of the NDPS Act.
The Intelligence Officer of N.C.B., Patna Zone, after having received secret information that two persons were carrying huge quantity of Ganja in a white colour Tata Sumo vehicle bearing registration No. OD08-0900 intercepted the vehicle. On search, 85.800 Kg. Ganja was recovered from the vehicle.
The learned counsel for the petitioner submits that Dinesh Mahto and two ladies were carrying Ganja. The
Patna High Court CR. MISC. No.2386 of 2020(3) dt.22-01-2021 2/3 petitioner is simply driver of the vehicle and he was having no knowledge about the contents kept in the bag. Dinesh Mahto and two ladies hired the vehicle of the petitioner but it appears that huge quantity, that is, 85.800 Kg. Ganja was being carried in the vehicle of the petitioner and all the four persons including the petitioner were apprehended.
Taking into consideration the facts that commercial quantity of Ganja was recovered from the vehicle, which was being driven by the petitioner, I am not inclined to enlarge the petitioner on bail, at this stage. Accordingly, the same is rejected.
The petitioner is in custody since 02.09.2018 and he has already remained in jail for more than two years and it is submitted that trial has not substantially progressed. The trial court is directed to hold the trial on day to day basis and conclude the same within nine months from the date of receipt of this order.
The Narcotics Control Bureau, Patna is directed to ensure the attendance of prosecution witnesses in the trial court so that the trial must be concluded within nine months. Let a copy of this order be sent to the trial court for information and needful.
Patna High Court CR. MISC. No.2386 of 2020(3) dt.22-01-2021 3/3 Let a copy of this order be also given to Mrs. Shail Kumari, the learned counsel for the N.C. B.
If the trial is not concluded within nine months, the petitioner, if so advised, may renew his prayer for bail. (Prabhat Kumar Jha, J) BKS/- U T