Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:13677 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.3748 of 2025
------ Md. Sajid, aged about 33 years, Son of Abdul Khalid, Resident of Village-Line Muhalla Mahua Chowk, P.O. & P.S.-Sadar, District- Chatra (Jharkhand).
.... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Saurav Kumar, Advocate
For the State
: Mr. Pankaj Kr. Mishra, Addl.P.P
------
Order No.02 Dated- 06-05-2025
Heard the parties.
The petitioner has been made accused in connection with Chatra Sadar P.S. Case No.336 of 2024 registered for the offences punishable under Sections 18, 22 and 29 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 sell and purchase of narcotic drugs and at the instance of the petitioner from under one Mahua tree 18.6 Kgs of liquid opium and 289gm of brown sugar has been recovered; which is in commercial quantity and from the possession of the petitioner at the time of his arrest 2gm of brown sugar was recovered. It is submitted that the allegation against the petitioner is false. 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 28.10.2024. Hence it is submitted that the petitioner be released on bail.
Learned Addl. 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 allegations and that there is no chance of him being not involved in 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 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; 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/