Vinod Prasad Bind @ Vinod Bind vs The State Of Jharkhand
2021 Latest Caselaw 4491 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       B.A. No.12036 of 2021
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                  Vinod Prasad Bind @ Vinod Bind                  ...     Petitioner
                                            -Versus-
                  The State of Jharkhand                          ...      Opposite Party
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                  CORAM:         HON'BLE MR. JUSTICE SANJAY PRASAD
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                  For the Petitioner         : Mr. Manoj Kr. Choubey, Advocate
                  For the State              : Mr. Ravi Prakash, Special P.P.
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                  Order No.02                                    Dated 30th November, 2021

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within two week from today.

Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in connection with Garhwa P.S. Case No.287 of 2021, registered for the offence under Sections 20(b) (ii) (B) of NDPS Act.

It is submitted that the petitioner is innocent. It is submitted that though the petitioner is alleged to have arrested with 2.5 Kg Ganja, however, the police has failed to comply with the provisions of the Section 42, 52 (3) and 55 of the NDPS Act. It is further submitted that no Gazetted Officer was present at the time of seizure of Ganja and 2.5 Kg of Ganja was recovered by the police which is an intermediary quantity. It is submitted that the petitioner is in custody since 06.07.2021 and hence, he may be enlarged on bail.

On the other hand, learned Special P.P has opposed the prayer for bail and has submitted that in view of the recent judgment passed by the Hon'ble Supreme Court in Criminal Appeal No.1043 of 2021 (arising out of SLP (Criminal) No.1771 of 2021) as reported in Union of India vs. Md. Nawaz Khan, the compliance of provisions of Section 52 (3) & 55 of NDPS Act is not necessary at the stage of recovery.

Perused the F.I.R, case diary and impugned order passed by the learned Court below.

It appears that the petitioner was arrested with 2.5 Kg Ganja, which is an intermediary quantity.

Learned counsel for the petitioner has raised the contention that compliance of Section 52(3) and 55 of NDPS have not been done which are mandatory in nature.

The compliance of provisions of Section 42, 52 (3) & 55 can be seen at the time of trial of this case where both sides will be at liberty to adduce their respective evidence in support of their case.

On the facts and in the circumstances of this case I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is hereby, rejected at this stage.

(Sanjay Prasad, J.) Raja/-