Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:14847 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.3859 of 2025
------ Hans Pal Munda, aged about 40 years, Son of Kandan Munda, Resident of Village-Huwanghatu, PO-Tetari, PS-Namkum, Dist.- Ranchi.
.... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Avishek Prasad, Advocate
For the State
: Mr. V.K. Vashishta, Spl.P.P
------
Order No.02 Dated- 09-06-2025
Heard the parties.
The petitioner has been made accused in connection with Ormanjhi P.S. Case No.179 of 2024 (N) corresponding with NDPS Case No.15 of 2025 registered for the offences punishable under Sections 17(c)/25/29 of the NDPS Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in sell and purchase of opium and in total 2.842 kg of opium was recovered from the co-accused persons of the petitioner, which is in commercial quantity. It is submitted that the allegation against the petitioner is false. It is next submitted that no incriminating article has been recovered from the possession of the petitioner. It is next submitted that the opium seized is in different packets and have been clubbed together. It is next submitted that the parentage of the petitioner has not been mentioned in the FIR and no report from the forensic science laboratory has been produced, so far. It is next submitted that the petitioner undertakes to cooperate with the trial of the case. It is next submitted that the petitioner has been in custody since 17.12.2024. 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 keeping in view the fact that the narcotic drugs seized is in commercial quantity; 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 the petitioner is not guilty of the offences or that he is not likely to commit any offence while on bail, the petitioner ought not be released on bail. It is next submitted that, there is every chance of the petitioner absconding if released on bail. It is lastly submitted that the prayer of the petitioner for bail, be rejected.
Considering the serious nature of allegation against the petitioner and recovery of narcotic substance in commercial quantity and in the absence of any material for this Court to be satisfied that there are reasonable grounds for believing that the petitioner is not guilty of the offences and that he is not likely to commit any offence if admitted to bail; this Court is not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the above- named petitioner is rejected.
(Anil Kumar Choudhary, J.) Abhiraj/