Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:11194 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2964 of 2026
------ Masroor Alam @ Kote aged about 47 years son of Late Md. Mohiuddin, resident of village- Moulanagar, P.O and P.S Jagannathpur, District- Singhbhum (West)
.... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Arun Kumar, Advocate
For the State
: Mr. Bhola Nath Ojah, APP
------
Order No.02 Dated- 17-04-2026
Heard the parties.
The petitioner has been made accused in connection with Jagannathpur P.S. Case No. 38 of 2024 corresponding to Drugs and Cosmetics Act Case No. 01 of 2025 registered for the offences punishable under Sections 8 (C )/27(b) (ii) of the Drugs and Cosmetic Act 1940 and charge has been framed against the petitioner for the offences punishable under section 27 (b) (ii) of Drugs and Cosmetics Act and section 21 (C) of the NDPS Act.
Learned counsel for the petitioner submits that this is the second journey of the petitioner with the prayer for regular bail and earlier the prayer for the regular bail of the petitioner was rejected vide order dated 22.08.2025 in B.A. No. 2928 of 2025. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was in illegal possession of 77.40 litres of Codeine Phosphate kept in 774 bottles of Onerex cough syrup of 100 ml each. It is next submitted that the fresh ground is that in the meanwhile 7 prosecution witnesses have been examined whose deposition has
been annexed herewith, and all of them have supported the prosecution case. It is next submitted by the learned counsel for the petitioner that the petitioner has not annexed the deposition of 2 more witnesses who have been examined during the trial and who have also supported the case of the prosecution. Hence, it is submitted that the petitioner be admitted to bail.
Learned Addl. P.P. on the other hand vehemently opposes the prayer for bail and submits that seized psychotropic substance is in commercial quantity, hence, the rigors of Section 37 of the NDPS 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 as also, there is every chance of the petitioner absconding and tampering with the evidence if released on bail hence, the petitioner ought not be released on bail at this stage.
Considering the serious nature of allegation against the petitioner of being in illegal possession of psychotropic substance i.e. 77.40 litres of Codeine Phosphate and in 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 committing any offence while on bail as well as the chance of the petitioner absconding and tampering with the evidence if released on bail, 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- 17.04.2026-Abha/-