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2025 DAILYLAW 28813 (JHR)

UPENDAR SHAW v. THE STATE OF JHARKHAND

B.A./10889/2024 · 2025-01-03

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 10889 of 2024 ------- Upendar Shaw, aged about 64 years, son of Rameshwar Shaw, resident of P/7, Old China Bazar Street, P.O. G.P.O, P.S. Bara Bazar, District Kolkata, West Bengal. …... …. Petitioner(s) Versus The State of Jharkhand .…. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------- For the Petitioner(s) : Mr. Abhay Shankar, Advocate Md. Shamim Akhtar, Advocate For the State : Mr. Bhola Nath Ojha, A.P. P. -------- 04/ Dated 03.01.2025 Heard the parties. The petitioner has been made accused in connection with Khunti P.S. Case No. 58 of 2023, corresponding to NDPS Case No.34/2023(A), for the offences registered under Sections 15(C)/25/22 of N.D.P.S. Act, pending in the court of Sri Rakesh Kumar Mishra, learned Special Judge, NDPS at Khunti. On 01.05.2023, Khunti Police intercepted a truck bearing registration No. WB-19K-4524 from a place near Barbanda forest and seized about 870 kgs of poppy husk. Petitioner is the owner of the seized truck. It was submitted that petitioner had no knowledge that his truck was being used for transporting poppy husk. It was further submitted that similarly situated co-accused Hareram Sahu has been granted bail by this Court in B.A. No. 10111/2024 and the driver and Khalasi have been granted bail by the Coordinate Bench of this Court. Considering the fact that petitioner is the owner of a truck, from which, 870 kgs of poppy husk were recovered, I am not inclined to release the petitioner, on bail. Accordingly, the prayer for bail of the petitioner is hereby rejected at this stage. (Ambuj Nath, J.) BS/-