2026:JHHC:739 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No.304 of 2025 …. Dilshad Raja aged about 17 Years S/o Imtiyaz Ansari @ Imtiyaz Rai, Resident of Village-Nayasarai, Zama Masjid, Near Play School, P.O. & P.S. – Nagri District – Ranchi (Jharkhand), through his natural guardian (mother) Jainab Khatoon W/O Imtiyaz Ansari, Resident of Village – Nayasarai, Zama Masjid, Near Play School, P.O. & P.S.-Nagri, District- Ranchi (Jharkhand) ……Appellant Versus The State of Jharkhand ……Respondent ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Appellant : Mr. K.S. Nanda, Advocate For the State : Mr. B.N. Ojha, APP …… ORAL ORDER IN COURT Order No.08/12th January 2026 1. This Criminal Appeal has been filed on behalf of the appellant by challenging the impugned order dated 24.01.2025 passed by Asif Equbal learned Addl. Judl. Commissioner-VI-cum- Spl.Judge, POCSO, Ranchi in Misc. Criminal Application No.122 of 2025 arising out of Children Case No.08/2024 in connection with Rail/ Hatia P.s. Case No.11/2023 by which the prayer of bail of the appellant has been rejected for the offences under Section 20(b)(ii)(c), 29 of NDPS Act. 2. The prosecution case, in brief, is that on the basis of self- statement of Informant Shiv Nandan Singh, ASI, Rail OP, Bano, Rail PS Hatia, that on 13.08.2023 at 12.00 O'clock it was informed by Satari Banara, Officer In-Charge that the Police Inspector-cum- Officer In-Charge Ghulam Rabbani Khan had informed on telephone that he himself at Ranchi regarding investigation of Rail PS Tatanagar case no. 09/23 dated 14.02.2023 u/s 20 (b) (ii) (c) NDPS Act and in the course of investigation Railway Superintendent of Police Mr. Rishabh Jha has informed that the 2026:JHHC:739 2 accused of case no.09/23 Irshad Rai along with other associates is involved in smuggling of ganja and has come from Rourkela Hatia Passenger Train and on such information the informant along with RPF received orders and instructions to board the said passenger train in Bano and go to Hatia and they have been deployed at Hatia Railway Station under the leadership of Sub Inspector RPF Mr. Deepak Kumar and Police Inspector-cum-Officer In-Charge himself for cooperation. The raiding party reached Bano Railway Station and at that time Jharsuguda Hatia passenger train reached Bano railway station at 14.20 hours and for that person they started searching the boggy and in due course of search one male and one female passengers were sitting and Irsad Rai called a boy at Balsering railway station and all three together started unloading the bag from the train then the informant and police force tried to apprehended all three suspects while Irsad Rai managed to escape due to the rain and the apprehended man and a woman were brought by them to Hatia railway station along with all four bags and when the joint team of GRP and RPF interrogated both the suspects both the man and woman changed their names and kept misleading them for a long time but when pressured they disclosed their name Dilshad Raja and Surjamani Orain and during interrogation both of them told and Surjamani Orain and during interrogation both of them told that there is ganja in all the four bags. It is alleged that after searching both the arrested persons one by one, (1) a trolley bag of light purple colour with ganja kept inside it and two packets of ganja wrapped in brown plastic wrapper were found from accused Dilshad Raja weighing respectively 6.5 kg + 6.7 kg, total - 13kg 200g and ganja kept inside a gray colored carry bag weighing 8kg 500g and oppo mobile SIM No. (i) 8294849941, (ii) 8294849929 whose IMEI No. 867096051712576 and 867096051712560 and Rs. 800/- in cash 2026:JHHC:739 3 were recovered. It is further alleged that from the possession of accused Surjamani Urain inside the colored ladies bag, two packets of dried ganja wrapped in brown colored plastic wrapper were found weighing total 02 kg and inside the blue colored bag four packets of ganja were found wrapped in brown colored plastic wrappers weighing total 4 kg 400 g of illegal ganja and a Redmi mobile of blue black color, SIM No.-7061518733 and IMEI No.- 869973053181143, 869973053181150 were recovered. It is alleged that from possession of both these accused persons the total 28 kg 100 gm ganja were recovered. Thereafter, seizure list for same was prepared. It is alleged that accused Dilshad Raja and Surjamani Urain were arrested with total 28 kg 100 grams of illegal ganja and accused Irsad Rai and unknown others, who were illegally transporting, selling with view to earn profit from one State to another. 3. Heard learned counsel for the petitioner and learned A.P.P. 4. Learned counsel for the appellant has submitted that the impugned order passed by the learned Court below is illegal and not sustainable in eye of law. It is submitted that the appellant is innocent and had committed no offence and falsely implicated in this case. It is submitted that as a matter of fact the appellant is not involved in this case as he was called upon by co-accused his brother Irshad Ansari at the Railway Station to collect certain articles from the Station. It is submitted that co-accused Irsad Ansari has been granted bail by the Co-ordinate Bench of this Court. It is submitted that intermediary quantity (i.e. 13.200Kg) of ganja has been recovered. It is submitted that the charges has been framed against the appellant. It is submitted that the appellant is in custody since 14.08.2023 i.e. around two (02) years and five (05) months. 5. Learned counsel for the appellant has relied on the case of 2026:JHHC:739 4 Ankur Choudhary vs. State of Madhya Pradesh reported in 2024 SCC OnLine SC 2730 where on the ground of delay, the Hon’ble Supreme Court has granted the bail to the accused. It is submitted that there is nothing adverse against the appellant on Social Investigation Report and hence the appellant may be enlarged on bail. 6. On the other hand, learned A.P.P has opposed the prayer of bail of the appellant. It is submitted that the appellant is named in the F.I.R and the police team has recovered 28.100kg of illegal ganja from the joint possessions of the appellant one another accused Surajmani Oraon. It is submitted that several witnesses at Para-20 namely Rajendra Hembrom, Para-21 namely Bhardul Yadav, Para-22 namely Shankar Kumar, Para-23 namely Dinesh Prasad, Para-24 Binit Kumar, Para-35 namely Prabhat Ranjan, Para-36 namely Sangeeta Kachhap, Para-37 namely Kishun Upadhyay, Para-39 namely Suraj Rajvanshi and PW-40 Deepak Kumar of the case diary, have supported the commercial quantity of ganja from the joint possession of the appellant and one another accused. It is further submitted that the bail of the co-accused namely Surajmani Orain @ Surajmuni Orain has also been rejected by the Co-ordinate Bench (Justice Ambuj Nath as then His Lordship was) of this Court in B.A. No.7674 of 2024 and hence the prayer of bail of the appellant may be rejected. 7. Having heard learned counsel for both the sides and from perusal of the records of this case, it appears that the appellant and one Surajmani Orain and Irshad Rai @ Irshad Ansari are named in the F.I.R for doing business of ganja and approx. 28.100kg illegal ganja of commercial quantity has been recovered and the appellant is said to have carried 13.200kg of ganja whereas another accused Surajmani Orain is said to have carried 14kg of ganja i.e. total 27.200kg of ganja and which had been recovered by the police 2026:JHHC:739 5 team. 8. It also appears from the F.S.L Report enclosed in Counter Affidavit which shows that the recovered article was ganja. 9. In this case, this Court has called for the stage of the Trial from the learned Court below. However, the learned Court below has informed vide letter no.577 dated 08.09.2025 that charges have been framed on 29.11.2024 but till date no witnesses has been examined. 10. Considering the fact that there is recovery of commercial quantity of ganja i.e. around 28.100 kg of ganja in presence of the appellant and one Surajmani Orain. 11. Accordingly, this Court is not inclined to grant the bail to the appellant. Hence, the prayer for bail of the appellant is hereby rejected at this stage. 12. The impugned order dated 24.01.2025 passed by Asif Equbal learned Addl. Judl. Commissioner-VI-cum-Spl.Judge, POCSO, Ranchi in Misc. Criminal Application No.122 of 2025 arising out of Children Case No.08/2024 in connection with Rail/ Hatia P.s. Case No.11/2023 is affirmed. 13. Accordingly, this Criminal Appeal (SJ) No.304 of 2025 is, hereby, dismissed. 14. However, the learned Trial Court is directed to conclude the Trial expeditiously as early as possible. (Sanjay Prasad, J.) Dated 12.01.2026 Nishant/-