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Patna High CourtCR. MISC./10468/2020dismissed

Vicky Kumar v. The State Of Bihar

2020-03-02Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10468 of 2020 Arising Out of PS. Case No.-17 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== VICKY KUMAR Son of Sanjay Singh R/o- Lodia, P.S.- Lakhisarai, DisttLakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE UNION OF INDIA THROUGH NARCOTICS CONTROL BUREAU Digha Road,Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nirmal Kumar Lokesh, Advocate For the Union of India :

Mr. Manoj Kumar Singh, CGC For the State :

Mr. Mukeshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Special (NDPS) Case No. F. No. NCB/PZU/V/17/2019, disclosing the offence under Sections 8(c), 20(b)(ii)(c) and 29 of NDPS Act. As per the case of the prosecution from an Oil Tanker, 750 Kg. of Ganja packed in 75 packets were recovered by the Narcotics Control Bureau team.

I have heard learned counsel appearing on behalf of the petitioner and the Central Government Counsel for the Union of India.

Patna High Court CR. MISC. No.10468 of 2020(3) dt.02-03-2020 2/2 Learned counsel for the petitioner has submitted that he was found in the vehicle as the driver of the said vehicle happened to be his friend. He was not knowing as to what material was there in the said Oil Tanker.

Be that as it may, considering the provisions under Section 37 of the Act, I am not inclined to grant the petitioner privilege of regular bail, as the Court cannot record at this stage that the petitioner was not involved in the case and that there is no chance that he would commit similar offence in future. This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) S.Ali/- U T