Patna High Court - Orders
Manjeet Barait @ Manjit Barait @ Manjit ... vs The State Of Bihar on 23 March, 2021
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.306 of 2020
Arising Out of PS. Case No.-168 Year-2015 Thana- THAKURGANJ District- Kishanganj
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MANJEET BARAIT @ MANJIT BARAIT @ MANJIT BARAIK Son of
Late Hapla Barait Resident of Village - Ratkhola, P.S.- Naxal Bari, District -
Darjeeling (W.B.)
... ... Appellant
Versus
The State of Bihar
... ... Respondent
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Appearance :
For the Appellant/s : Mr.Ram Prawesh Kumar,Advocate
For the Respondent/s : Mr.Binod Bihari Singh,Additional.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
3 23-03-2021Heard learned counsel for the appellant and Mr. Binod Bihari Singh, learned Additional P.P. for the State.
The matter has been placed before this Court for consideration of the prayer for bail of the appellant.
In this case the appellant has been convicted for the offences under Section 20 (b) (ii) (b) of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as the 'N.D.P.S. Act') in Special Case No. 104 of 2015 CIS No. 134 of 2015 giving rise to Thakurganj (Galgalia) P.S. Case No. 168 of 2015 by the judgment and order of conviction dated 29.11.2019 passed by learned Additional District and Sessions Judge, 2nd cum -Special Judge, Kishanganj and he has been sentenced to undergo the rigorous imprisonment for 5 years and a fine of Rs.50,000/-. In case of non-payment of fine, he will serve Patna High Court CR. APP (SJ) No.306 of 2020(3) dt.23-03-2021 2/4 additional six months imprisonment. The appellant has been also convicted under Section 22 of the N.D.P.S. Act and has been sentenced to undergo rigorous imprisonment of 5 years with a fine of Rs.50,000/- and in case of non-payment of fine, he will serve additional six months imprisonment. Both the sentences were ordered to run concurrently.
Learned counsel for the appellant has drawn the attention of this Court towards the impugned judgment in which the statements made by the prosecution witnesses particularly the I.O. of the case has been discussed. It is submitted that from the evidences of the witnesses it would appear that the seized ganja was 3.85 kgs which is much less than the commercial quantity, the ganja was not sealed and no sampling was done in presence of the seizure list witnesses and the accused on the spot. The seized ganja was brought to the SSB camp and then the seizure list was prepared. The camp is situated at a distance of 10 kilometers from the place where the seizure was allegedly made. The P.W.-4 has stated that the accused were also brought to the camp, the seized material was thereafter taken to the police station. The I.O. has stated in his cross-examination that he was not aware of the provisions of the N.D.P.S. Act and he is not aware of the procedures required to be followed in course of Patna High Court CR. APP (SJ) No.306 of 2020(3) dt.23-03-2021 3/4 investigation. He had not asked the officers of the SSB regarding compliance of Section 50 of the N.D.P.S. Act.
Learned counsel for the appellant submits that the appellant has otherwise no criminal antecedent. There has been violation of the provisions of Section 42(2) and Section 50 of the N.D.P.S. Act. The appellant has already remained in jail for 25 months and if released on bail there is no chance of his indulging in any other offence.
Mr. Binod Bihari Singh, learned Additional P.P. for the State has opposed the prayer for bail of the appellant, however, after going through the discussions made in the impugned judgment and the materials available on the record it is not denied that the I.O. has in course of his cross-examination stated that he was not aware of the procedures prescribed for investigation under the N.D.P.S. Act and had not investigated the officers of the SSB on the point of compliance of Section 50 of the N.D.P.S. Act.
Having regard to the facts and circumstances of the case, in the nature of the materials perused by this Court and the fact that the appellant has remained in jail for 25 months which is almost half of the sentence awarded to him, keeping in view the guidelines rendered in the judgment of Hon'ble Division Patna High Court CR. APP (SJ) No.306 of 2020(3) dt.23-03-2021 4/4 Bench of this Court in Cr. Appeal (DB) No. 583 of 2015 (Suddu Kumar Vs. The State of Bihar) as regards the grant of bail, let the appellant above-named be released on bail during pendency of this appeal on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, 2nd cum -Special Judge, Kishanganj in connection with Special Case No. 104 of 2015 CIS No. 134 of 2015 giving rise to Thakurganj (Galgalia) P.S. Case No. 168 of 2015, with condition that one of the bailers should be a local person having sufficient immovable property.
During pendency of the appeal, the fine imposed as part of the sentence shall remain suspended.
List this appeal for hearing on its turn.
(Rajeev Ranjan Prasad, J) SUSHMA2/-
U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.