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2025 DAILYLAW 30116 (JHR)

SAMU PAHAN v. THE STATE OF JHARKHAND

B.A./3231/2025 · 2025-04-23

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:12091 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3231 of 2025 ------ Samu Pahan aged about 26 years S/o Singrai Pahan R/o Village- Daudodih, P.O.-Saiko, P.S.-Murhu, District-Khunti. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Amit Kumar, Advocate For the State : Mr. Bhola Nath Ojha, Spl.P.P ------ Order No.02 Dated- 23-04-2025 Heard the parties. The petitioner has been made accused in connection with Arki P.S. Case No.36 of 2024 corresponding to N.D.P.S. Case No.50 of 2024 registered for the offences punishable under Section 8(c)/15(c)/22/25 of the N.D.P.S. Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in transportation of 791.560 Kg of poppy straw in a vehicle which was seized by the police. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has been in custody since 22.07.2024. 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 in view of the fact that the poppy straw seized is in commercial quantity, hence, 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 allegations and that there is no chance of him being not involved in any offence while being admitted to bail. It is next submitted that, there is every chance of the petitioner absconding if released on bail. It is therefore submitted that the petitioner ought not be released on bail at this stage. Considering the serious nature of allegation against the petitioner and recovery of narcotic substance in commercial quantity and in the absence of any material to suggest that the petitioner is not guilty of the allegations or that there is no chance of him not committing any offence if admitted to bail. Accordingly, the prayer for bail of the above-named petitioner is rejected. (Anil Kumar Choudhary, J.) Abhiraj/