Neeraj Kumar vs The State Of Jharkhand
2022 Latest Caselaw 2348 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        B.A. No.6589 of 2022
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Neeraj Kumar .... .... Petitioner/Applicant Versus The State of Jharkhand .... .... Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner/Applicant : Mr. Indrajit Sinha, Adv.

For the State                        : Mr. Ravi Prakash, Spl.P.P.
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04/Dated: 29 June, 2022

1. Heard learned counsel for the applicant and learned counsel for the State.

2. The applicant who is in custody since 02.05.2022 has approached this Court for grant of regular bail in connection with Jagarnathpur P.S. Case No.134 of 2022, for the offence under Sections 420, 269, 270, 290 and 414 of the Indian Penal Code and under Sections 22(3) and 27(b)(ii) of the Drugs and Cosmetics Act and under Section 22(c) of the N.D.P.S. Act.

3. It appears that commercial quantity of drug (cough syrup) has been recovered from the house of this applicant.

4. It has been submitted by the learned counsel for the applicant that the applicant deals in the business of medicines and for that purpose he has effective licence. The delivery has been given on late hour and as such the cough syrup was put in the house of the appellant. Referring to the judgment reported in (2014) 13 SCC 1 in the case of Union of India & Anr. Versus Sanjeev V. Deshpande it has been submitted that framing the charges under N.D.P.S. Act is wrong. Further, no criminal antecedent has been reported against this applicant and he undertakes to participate in the trial. On the above basis, the prayer for bail has been made.

5. Counsel for the State has opposed the prayer for bail and it has been submitted that the commercial quantity of drugs have been recovered from the possession of this accused.

6. Having heard the learned counsel for the parties and from perusal of the records, it appears that the applicant is licenced person for dealing in the area of medicine and the recovered articles are medicine.

7. Considering the mandate of the Hon'ble Apex Court, the applicant, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Commissioner-cum-Special Judge, N.D.P.S., Ranchi in connection with Jagarnathpur P.S. Case No.134 of 2022, subject to condition that the applicant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

(Rajesh Kumar, J.)

Amar/-