Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 7448 (JHR)

MD ANWAR v. STATE OF JHARKHAND

B.A./742/2026 · 2026-04-30

Anil Kumar Choudhary

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:12824 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.742 of 2026 ------ Md. Anwar, S/o Dilshad, aged about 35 years, R/o Village-Gurer, P.O.-Gurer, P.S.-Manther, District-Moradabad, Uttar Pradesh- 244301. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Union of India through NCB .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. S.R. Soren, Advocate : Ms. Shobha Gloria Lakra, Advocate : Ms. Preeti Hembrom, Advocate : Ms. Mrinalini Adela Tete, Advocate : Ms. Singi Sharon Demta, Advocate For the State : Mr. Bhola Nath Ojha, Spl.P.P For the NCB : Mr. Prashant Pallav, ASGI : Mr. Bajrang Kumar, Advocate ------ Order No.05 Dated- 30-04-2026 Heard the parties. The petitioner has been made accused in connection with N.D.P.S. Case No.41 of 2025 arising out of NCB Crime No.05/NCB/RANCHI/ 2025 registered for the offences punishable under Section 8(c) read with Sections 15(c), 25 & 29 of the NDPS Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in transportation of poppy straw and in the truck of the petitioner, 1021 kg of poppy straw was seized by the personnel of NCB. It is next submitted that the allegation against the petitioner is false. It is then submitted that there are several contradictions in the FIR and counter affidavit filed by the NCB in this case. It is also submitted that the petitioner has been implicated in this case on the voluntarily confessional statement of the co-accused recorded on 13.06.2025 wherein the co-accused disclosed that the petitioner is the owner of the truck from which the poppy straw was recovered. It is further submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 03.10.2025 as is evident from para-01 of this bail application. Hence it is submitted that the petitioner be admitted to bail. Learned Spl. P.P. appearing for the State and the learned counsel for the NCB on the other hand vehemently opposes the prayer for bail and submits that in view of the transportation of the poppy straw 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 offences and that he is not likely to commit 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 for this Court to be satisfied that there are reasonable grounds for believing that the petitioner is not guilty of the offences and that he is not likely to commit any offence if admitted to bail; this Court is not inclined to release the petitioner on bail at this stage. Accordingly, the prayer for bail of the above-named petitioner is rejected at this stage. (Anil Kumar Choudhary, J.) 30/04/2026 Abhiraj/