Jharkhand High Court
Deba Munda @ Soma Munda vs The State Of Jharkhand on 19 January, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Criminal Miscellaneous Jurisdiction]
B. A. No. 8428 of 2021
Deba Munda @ Soma Munda .... .. ... Petitioner(s)
Versus
The State of Jharkhand .. ... ... Opp. Party(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Petitioner(s) : Mr. Amit Kumar, Advocate.
For the State : Mr. Ravi Prakash, Spl. P.P.
..........
04 / 19.01.2022. Heard, learned counsel for the parties.
Learned counsel for the petitioner has submitted that defect no. 9 (i), as per
Stamp Reporting dated 22.07.2021, has not been removed, which he undertakes to
remove within a period of two week and has prayed that the bail application may be
heard, as it is a regular bail application of the petitioner, who is in custody.
Considering the same, this Court is inclined to hear the instant bail application
on merits, but with a condition that petitioner shall remove the defect(s) within a
period of two weeks.
Joint Registrar (Judicial) is directed to ensure the compliance of this order so
as to remove the defect(s).
Mr. Amit Kumar, learned counsel for the petitioner has submitted that the
petitioner has renewed his prayer for grant of regular bail in connection with
Maranghada P.S. Case No. 03/2020, corresponding to NDPS Case No. 02/2020 for
the offence registered under Sections 18/22/25 of N.D.P.S. Act.
Mr. Amit Kumar, learned counsel for the petitioner has further submitted that
earlier the prayer for bail of the petitioner was rejected in terms of the order dated
03.11.2020 passed by this Hon'ble Court in B.A. No.6670 of 2020 and the petitioner
is in custody since 30.01.2020 i.e. more than two years.
Mr. Amit Kumar, learned counsel for the petitioner has further submitted that
the quantity which has been recovered from the possession of the petitioner is not a
commercial quantity and co-accused, Wazir Khan @ Chotu who was apprehended
with the petitioner has already been enlarged on bail by the Co-ordinate Bench of this
Court in terms of the order dated 23.09.2020 passed in B.A. No.6423 of 2020, as
such, petitioner may also be enlarged on bail.
Mr. Ravi Prakash, learned Spl. P.P. Appearing for the State has opposed the
prayer for bail and submitted that co-accused, Wazir Khan @ Chotu has been
granted bail by the Co-ordinate Bench of this Court in terms of the order dated
23.09.2020 passed in B.A. No.6423 of 2020 on the ground that alleged 1.5 Kg of
liquid opium was recovered from Deba Munda @ Soma Munda (petitioner).
Mr. Ravi Prakash, learned Spl. P.P. Appearing for the State has further
submitted that since narcotics substance has been recovered from the possession of
the petitioner and matter is pending for trial before the learned District & Sessions
Judge NO.1, Khunti, where such type of cases are rampant.
Mr. Ravi Prakash, learned Spl. P.P. Appearing for the State has further
submitted that counter-affidavit has already been filed in this case on 18.09.2021
wherein at Para-6 it has categorically been stated that petitioner was arrested with
motorcycle and from the bag of the petitioner, 1.5 Kg. opium was recovered. The
petitioner failed to produce any document with respect to alleged opium. The article
was seized and seizure list was prepared.
Mr. Ravi Prakash, learned Spl. P.P. Appearing for the State has further
submitted that at Para-12 of the case diary, the petitioner has made confessional
statement and accepted that he was doing business of opium. At Paras 16, 17, 20, 21
of the case diary, the witnesses including seizure list witnesses have fully supported
the case of the prosecution and recovery of opium from possession of the petitioner.
Mr. Ravi Prakash, learned Spl. P.P. Appearing for the State has further submitted that
report of FSL dated 06.03.2020 shows that the morphone and other alkaloids of
opium were detected. The letter dated 09.08.2021 has been annexed as Annexure-A
to the counter-affidavit dated 18.09.2021 which also shows the complicity of the
petitioner.
Mr. Ravi Prakash, learned Spl. P.P. appearing for the State has thus, submitted
that in view of the judgment passed by the Apex Court in the case of Haricharan
Kurmi & Anr., vs, State of Bihar, reported in AIR 1964 SC 1184, petitioner may not
be enlarged on bail as the confessional statement is there showing complicity of the
petitioner .
Considering the rival submissions of the parties and looking into the facts and
circumstances of the case, this Court is not inclined to enlarge the petitioner on bail.
Accordingly, the prayer for bail of the petitioner is hereby rejected.
However, the learned Trial Court is directed to expedite the trial.
The Director, Prosecution, State of Jharkhand is directed to look into such
matter and conclude the trial of this case as expeditiously as possible.
Sandeep/ (Kailash Prasad Deo, J.)
