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2026 DAILYLAW 20819 (JHR)

ASHOK GHOSH ALIAS ROCKY v. THE STATE OF JHARKHAND

B.A./6712/2026 · 2026-07-20

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:21393] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6712 of 2026 ------ Ashok Ghosh @ Rocky, Aged about – 35 yeas, S/o- Gopal Ghosh, R/o- Holding No.70, Nitibagh Colony, Patel Nagar, Bhalubasa, P.O. + P.S. – Sitaramdera, District- East Singhbhum, Jharkhand .... .... …. Petitioner Versus 1. The State of Jharkhand 2. The Union of India .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Madhav Prasad, Advocate For the State : Mr. Bishambhar Shastri, Addl.P.P For the U.O.I. : Mr. Prashant Pallav, A.S.G.I. Mr. Ayush, AC to A.S.G.I. ------ Order No.02 Dated-20-07-2026 Heard the parties. The petitioner has been made accused in connection with NCB Crime No.04/NCB/RANCHI/2026 registered under Section 8 (c) read with Section 20(b)II(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was one out of the six persons who was involved in illegal transportation of Ganja and Ganja was transported in two cars and the petitioner was in one of the cars while from the other car, 70 Kg of Ganja was recovered. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-04 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is next submitted that the petitioner was only a driver who was hired by the co-accused persons. It is next submitted that the petitioner had no knowledge about the Ganja being transported in any car. It is lastly submitted that the petitioner has been in custody since 03.05.2026. Hence it is submitted that the petitioner be released on bail. Learned counsel appearing for the State and the learned counsel appearing for the Union of India vehemently oppose the prayer for bail and submits that keeping in view the fact that 70 Kg of Ganja which comes under commercial quantity has been recovered, 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 offence alleged and that there is no chance of his being not involved in any offence while on bail, there is every chance of the petitioner absconding and tampering with the evidence if released on bail. It is, therefore, submitted that the petitioner ought not be released on bail. Considering the serious nature of allegation against the petitioner 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 his being not committing any offence while on bail as well as his chance of absconding and tampering with the evidence, this Court is of the considered view that this is not a fit case where the above- named petitioner be released on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected. (Anil Kumar Choudhary, J.) Dated-20.07.2026-Animesh/