Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 7377 of 2024
Deepchand Oraon aged about 35 Years S/O Baneshwar Oraon R/O Village Darhepat, Gurguriatoli, Kisco P.O. & P.S.- Kisco District- Lohardaga (Jharkhand).
… Petitioner
Versus
The State of Jharkhand
… opp. party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. K.S.Nanda , Adv. For the State : Mr. Vishwanath Roy, Spl. PP
03 / 24.03.2025
I.A. No. 3500 of 2025
Heard the parties.
Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer for early hearing of the instant anticipatory bail application. Since, the hearing of instant anticipatory bail application is taken up today, hence, this interlocutory application stands disposed of being infructuous.
(ANIL KUMAR CHOUDHARY, J.) ABA No. 7377 of 2024
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Palkot P.S. Case No. 55 of 2023 corresponding to NDPS Case no. 02 of 2024 registered under Sections 20 (b) (ii) (c), 22 (c ) of the NDPS, Act.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in transportation and sale of Ganja and 21.570 kg of Ganja was recovered from Khustar Ansari, who is the driver of the
petitioner and the petitioner has transferred Rs. 49,000/- to the account of Khustar Ansari which in turn, Khustar Ansari transferred to Nilkant Nayak for purchase of the Ganja and the co-accused while transporting Ganja has been arrested by police. It is then submitted that the allegations against the petitioner are all false and the petitioner is a personnel of Indian Army and he had no knowledge that his vehicle was involved in transportation of Ganja. It is next submitted that the petitioner is ready to co-operate with the investigation of the case hence, the petitioner be given the privilege of anticipatory bail. Learned Spl. P.P. vehemently opposes the prayer for bail and submits that keeping in view, the fact that Ganja in commercial quantity has been recovered from the co-accused person, hence rigors of section 37 of the Narcotic Drugs and Psychotropic Substance Act is attracted in this case and in absence of any material to show that the petitioner is not guilty of the alleged offence and that there is no chance of the petitioner indulging in any offence while on bail, the petitioner ought not be admitted to bail. It is further submitted by learned Spl. PP that considering the serious allegation against the petitioner, the custodial interrogation of the petitioner is required in this case, during investigation of the case to find out the chain of supply of the narcotic drugs, hence the petitioner ought not to be given the privilege of anticipatory bail. Considering the serious allegation against the petitioner and in absence of any material to suggest that petitioner is not guilty of the offences alleged and that there is no chance of the petitioner being involved in any offence while on bail and also
requirement of custodial interrogation of the petitioner during investigation of the case, this Court is of the considered view that this is not a fit case, where the privilege of anticipatory bail be given to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
(ANIL KUMAR CHOUDHARY, J.) Smita/-