Md. Fakruddin vs The State Of Jharkhand
2022 Latest Caselaw 167 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              B.A. No. 10879 of 2021

         Md. Fakruddin                            ...      ...         Petitioner
                                           - Versus -
         The State of Jharkhand                   ...    ...      Opposite Party
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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         For Petitioner       : Mr. A. K. Chaturvedy, Advocate
         For the State       : Mr. Ravi Prakash, Spl.P.P
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

06/27.01.2022 Learned counsel for the petitioner undertakes to remove the defect as pointed out by the office in due course.

Petitioner has been made an accused in connection with Sadar P.S. Case No. 155/2021, registered under Section 120 Bof the Indian Penal Code and Section 15 of the N.D.P.S. Act, pending in the Court of learned, Sessions Judge-cum-Special Judge (N.D.P.S.) Chatra.

It is alleged that on 27.06.2021 at about 09:15, A.M., informant party intercepted a scorpio and a truck on the basis of confidential information that Doda was being transported. This petitioner was found travelling in the Scorpio and it is alleged that they were escorting the truck. It is further alleged 135 sacks of Poppy husks weighing about 2239 Kgs were recovered from the truck.

Learned counsel for the State submitted that from the CDR report it is apparent that the petitioner and co-accused who were travelling on the scorpio were in touch with the occupants of the truck. Learned counsel for the Petitioner has relied upon a judgment of Hon'ble Supreme Court passed in Appeal (Criminal) No. 242/2022 in which it has been stated that the CDR report will be looked into at the time of trial. Learned counsel for the State submitted that this decision is not applicable in the facts and circumstances of the present case. It appears that the co-accused Md. Attaullah @ Md Atallah has been granted bail by a co-ordinate bench of this Court vide B.A. No. 10692/2021. The case of the petitioner stands on similar footing.

Regard being had to the facts and circumstance of the case, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge(N.D.P.S.) Chatra in connection with Sadar P.S. Case No. 155/2021.

(Ambuj Nath, J.)

Saurabh