Jharkhand High Court
Rakesh Kumar vs The Union Of India Through Ncb .... .... ... on 28 February, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.9298 of 2023
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Rakesh Kumar .... .... Petitioner(s)/Applicant(s) Versus The Union of India through NCB .... .... Opposite Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s)/Applicant(s) : Mr. Rahul Pandey, Adv.
For the NCB : Mrs. Chandana Kumari, A.C to A.S.G.I.
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07/Dated: 28th February, 2024
1. Heard learned counsel for the applicant and learned counsel for the State.
2. The applicant, who is in custody since 13.08.2023, has approached this Court for grant of regular bail in connection with NCB Crime No.12/NCB/Ranchi/2020, corresponding to NDPS Case No.45 of 2020(S), registered for the offence under Sections 20(b)(ii)(c), 25 & 29 of the N.D.P.S. Act, pending in the court of learned Addl. Judicial Commissioner-II-cum-Spl. Judge, Ranchi.
3. It appears that 434.3 Kilograms of Ganja has been recovered from the vehicle bearing registration No.JH01-DS-8081 to which, the applicant is the owner of the said vehicle.
4. It has been submitted by the learned counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.
5. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. It has been submitted that this applicant is the owner- cum-driver of the vehicle and he has purchased the vehicle and has given on hire basis to the apprehended co-accused. This applicant was not aware regarding the use of vehicle for transportation of the Narcotics. Further, it has been submitted that there is no materials to suggest that this applicant was either involved or having knowledge regarding the transportation of Narcotics. Merely on summarise and conjecture and only on the material against this applicant is that he is the owner of the said vehicle and he has been roped in the present case. On the above basis, prayer for bail has been made.
6. Learned counsel for the State has opposed the prayer for bail and it has been submitted that this applicant has not responded to the notice issued under Section 67 of the N.D.P.S. Act and only after issuance of process, he has been arrested and in split-up trial out of seven charge- sheeted witnesses, five witnesses have already been examined and the applicant's case is pending at the stage of supply of police paper.
7. Considering the materials available on record and the mandate of Section 37 of the N.D.P.S. Act, I am not inclined to enlarge the applicant on bail. Accordingly, his prayer for bail is hereby, rejected 'at this stage'.
(Rajesh Kumar, J.) Raja/-
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