Patna High Court - Orders
Manoj Kumar Gupta vs The State Of Bihar on 15 May, 2025
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4459 of 2024
Arising Out of PS. Case No.-4 Year-2000 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Patna
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Manoj Kumar Gupta Son of Late Jagdish Prasad Gupta Resident of Village-
Hridya Nagar, Ward no. 05, Basantpur, P.S.- Birpur, District- Supaul, Bihar
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Union of India Through Intelligence Officer, Narcotics Control
Bureau(NCB) Varanasi
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 4406 of 2024
Arising Out of PS. Case No.-4 Year-2000 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Patna
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Sunil Kumar Poddar Son of Ram Sagar Poddar Resident of Village -
Basantpur, P.S. - Birpur, District - Supaul, Bihar
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Union of India through Narcotics Control Bureau New Delhi
... ... Respondent/s
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Appearance :
(In CRIMINAL APPEAL (SJ) No. 4459 of 2024)
For the Appellant/s : Mr.Ramesh Kumar Singh
For the State : Mr.Anita Kumari Singh, APP
For UOI/NCB : Ms. Radhika Raman, Sr. CGC
Mr. Arvind Kumar, CGC
Mr. Anunay Sahi, Adv.
(In CRIMINAL APPEAL (SJ) No. 4406 of 2024)
For the Appellant/s : Mr.Madhukar Anand
For the State : Mr. A.M.P. Mehta, APP
For UOI/NCB : Mr. Bindhyachal Ray, Sr. CGC
Mr. Arvind Kumar, CGC
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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
8 15-05-2025Heard the learned counsel for the appellants as well Patna High Court CR. APP (SJ) No.4459 of 2024(8) dt.15-05-2025 2/4 as the learned APP for the State.
2. This appeal has been preferred against the Judgment of conviction dated 29.07.2024 and order of sentence dated 09.08.2024 passed by Sri Prashant Kumar, Exclusive Special Judge (NDPS Act), Court No. - I Patna in connection with Special (NDPS Act) Case No. 06 of 2000 arising out of F. No. III/INV/SEIZ/4/2000 wherePatnaby and whereunder, the learned Trial Court was pleased to convict the appellants under section 20 (b) (ii) (C) of NDPS Act and sentenced them to undergo rigorous Imprisonment for 10 years and also to pay a fine of Rs. 1,00,000/- and in default of payment of fine, they will further undergo rigorous imprisonment for 4 months. The appellants are further sentenced to undergo rigorous imprisonment of 10 years and a fine of Rs. 1,00,000/- for the offence punishable U/s 23 (C) of NDPS Act and in default of payment of fine, convicts shall undergo further rigorous imprisonment of 4 months. Further, for the offence under section 24 of NDPS Act, the convicts are sentenced to undergo the rigorous imprisonment of 10 years and a fine of Rs. 1,00,000/- and in default of payment of fine, the convicts shall undergo further rigorous imprisonment of 4 months. Further, for the offence U/s 29 of NDPS Act, the convicts are sentenced to Patna High Court CR. APP (SJ) No.4459 of 2024(8) dt.15-05-2025 3/4 undergo the rigorous imprisonment of 10 years and a fine of Rs. 1,00,000/- and in default of payment of fine, convicts shall undergo further rigorous imprisonment of 4 months. However, all the sentences are directed to run concurrently.
3. While making prayer for bail and suspension of sentence, learned counsel for the appellants submits that for recovery of 5.850 kg of charas, the appellants have been convicted and sentenced to R.I. of 10 years. The appellant Manoj Kumar Gupta has suffered incarceration of more than six years whereas the appellant Sunil Kumar Poddar has suffered incarceration of one year and nine months. He has further submitted that nothing has been recovered from possession of the appellant Sunil Kumar Poddar and his name has figured merely on the basis of confessional statement of the appellant Manoj Kumar Gupta. He has also submitted that not a single witness has been examined by the prosecution rather Government Officials persons have been examined. There is no compliance of Section 50 of NDPS Act.
4. On the other hand, the learned APP for the State has opposed the prayer for bail and suspension of sentence by submitting that the appellants are said to have indulged in illegal transporting of charas in different countries. Huge quantity of Patna High Court CR. APP (SJ) No.4459 of 2024(8) dt.15-05-2025 4/4 drugs have been recovered from possession of the appellant Manoj Kumar Gupta. He has further submitted that so far the appellant Sunil Kumar Poddar is concerned, he is said to be supplier of the alleged charas. It has further been submitted that the appellant Manoj Kumar Gupta was intercepted by the NCB team, possessing a bag and in presence of Gazetted Officer in exercise of power conferred under Section 42 and 43 of the NDPS 1985, the bag was searched and after opening the said bag, charas was recovered and it was detected that the said charas was to be transported to SAMAY RAI, Room No. 15, Hotel Thorbecke Plin-3, 1017 CS-Amsterdam, the Netherland. It also came to light that the appellant Sunil Kumar Poddar used to import charas from Nepal and the same was used to be transported to foreign countries like USA, Germany and the Netherland.
5. Considering the above-mentioned facts and circumstances, I am not inclined to grant bail to the appellants. Accordingly, it is rejected.
(Nawneet Kumar Pandey, J) kundan/-
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