Patna High Court - Orders
Rakesh Shreshtha @ Rakesh Srestha @ ... vs Union Of India Represented Through The ... on 17 January, 2018
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3434 of 2018
Arising Out of PS.Case No. -192 Year- 2017 Thana -GOVERNM ENT OFFICIAL COM P. District-
ARRARIA
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1. Rakesh Shreshtha @ Rakesh Srestha @ Rakesh Shrestha, Son of Late
Kharg Bahadur Kshreshtha @ Khadharg Bahadur Srestha,
2. Deepak Magar, Son of Talvir Magar, Both residents of Village- Milan
Chowk, Ward No.02, P.S.- Chhatra, District- Sunsari, Nepal.
.... .... Petitioner/s
Versus
1. Union of India Represented Through The Commissioner Customs ( P )
Division, Forbesganj, District - Araria.
2. Superintendent (Prev.), Customs (P) Division, Forbesganj, District-
Araria.
3. Dhiraj Kumar, Inspector, Customs (P) Division, Forbesganj, District-
Araria.
4. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Mrigank Mauli
Mr. Sanjay Kumar Sharma
Mr. Kashyap Kaushal
For the UoI : Mr. Satya Prakash Tripathy (Sr. SC.
Customs)
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
2 17-01-2018Heard learned counsel for the petitioners and Mr. Satya Prakash Tripathy, Sr. counsel for the custom.
The petitioners seek bail in connection with Special Case no. 28 of 2017 arising out of Unit Case no. 192 of 2017-18 registered under Section 42 of the Narcotic Drugs Psychotropic Substance Act, 1985.
Five strips of Nitrosum (Nitrazepam) each containing 10 tablets and 160 capsules of SPM-RPX are said to Patna High Court Cr.M isc. No.3434 of 2018 (2) dt.17-01-2018 2/2 have been recovered from the possession of the petitioners by the Custom Department.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from their conscious physical possession. The allegation levelled against the petitioners is not specific rather omnibus. Nitrazepam Tablets allegedly recovered from the possession of the petitioner and other is weighing 500 mg. which is less than small quantity and SPM-PRX capsules is comprising of Dicyclomine, Paracetamol, Tramadol which are not sedative. The petitioners have been languishing in custody since 17.10.2017.
Learned senior counsel for the custom opposed the bail petition.
In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Araria in connection with Special Case no. 28 of 2017 arising out of Unit Case no. 192 of 2017-18.
(Prakash Chandra Jaiswal, J) rohit/-
U T