Jharkhand High Court
Prakash Jatiya @ Prakash Jatia vs The State Of Jharkhand ... Opposite ... on 4 January, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.10205 of 2020
------
Prakash Jatiya @ Prakash Jatia ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Awanish Shekhar, Adv.
For the State : Mr. Ravi Prakash, Spl. P.P.
------
02 /04.01.2021 Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has been made accused in connection with Maranghada P.S. Case No.11 of 2020 corresponding to N.D.P.S. Case No.21 of 2020 registered under Sections 15 (C)/25 of NDPS Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was the driver of the vehicle which was involved in transporting 122 bags of Doda weighing 1851 kg. It is submitted that the allegation against the petitioner is false. It is further submitted that two of the co-accused persons have been granted bail and the petitioner has been in custody since 02.05.2020. Hence it is submitted that the petitioner be released on bail.
Learned Spl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that Doda seized by the police is much more than the commercial quantity, hence, the rigors of Section 37 of the N.D.P.S. Act, 1985 is attracted in this case and in the absence of any material to suggest that either the petitioner is not guilty of the allegations or that there is no chance of his being not involved in any offence while on bail, the petitioner ought not be released on bail.
Considering the serious nature of allegation against the petitioner of transporting Doda in commercial quantity and in the absence of any material to suggest that the petitioner is not guilty of the allegations or that there is no chance of his being not committing any offence while on bail, this Court is of the considered view that this is not a fit case where the petitioner be released on bail. Accordingly, the prayer for bail of the above named petitioner is rejected.
Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order in administrative side of this Court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months from the date of receipt of this order by the trial Court. It is made clear that the trial be conducted and witnesses be examined by observing the precautions relating to COVID- 19 pandemic.
Animesh/ (Anil Kumar Choudhary, J.)