Chandan Kumar Yadav @ Chandan ... vs The State Of Jharkhand
2023 Latest Caselaw 3737 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
           Criminal Appeal (DB) No. 148 of 2021
Chandan Kumar Yadav @ Chandan Kumar             --- --- Appellant

                                 Versus
The State of Jharkhand                               --- --- Respondent
                                        .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR For the Appellant : Mr. Nilesh Kumar, Advocate : Mr. Anjani Kumar, Advocate For the State : Mr. Shailendra Kr. Tiwari, A.P.P.

For the UOI : Mr. Anil Kumar, Addl. S.G.I

Order No.05/ Dated 5th October, 2023

The instant appeal is against the judgment of conviction dated 27.02.2021 and order of sentence dated 04.03.2021 passed by the learned Special Judge (NDPS), East Singhbhum, Jamshedpur in NDPS Case No. 04 of 2020.

2. The matter was heard on 06.09.2023 wherein learned counsel for the State was directed to file objection, if any, stating therein as to why the sentence inflicted upon the appellant be not kept in abeyance. Thereafter the matter was adjourned on subsequent date also.

3. Today learned A.P.P. appearing for the respondent State has again sought for an adjournment as he has received instruction but affidavit in objection could not be filed.

4. This Court considering the aforesaid reason and taking into consideration the fact that the matter pertains to the contraband, deem it proper to adjourn the matter for today to be posted in the next week.

5. Apart from the issue on merits, we are concerned since the learned A.P.P. has submitted in the Court that the District Police has got no expertise regarding search/ seizure of contraband and sending the sample to the Forensic Science Laboratory.

6. The investigation of the contraband, as declared under the NDPS Act, 1985 Act, is being investigated by the District Police while the full- fledged investigating agency in the name and style of Narcotics Control Bureau (NCB) is already available.

7. Since the Bureau in the name and style of Narcotics Control Bureau has been constituted for the same purpose then the question arises as to why the NCB is not taking endeavour to put a check upon the

contraband within the periphery of the State of Jharkhand, since, the use of contraband is not only against the individual rather it is a crime against the society.

8. Due to the aforesaid reason, we have called upon Mr. Anil Kumar, learned Additional Solicitor General of India to apprise the Court about the present situation and functioning of the NCB.

9. Learned Addl.S.G.I has submitted that on the next date of hearing he will come with full instruction.

10. Accordingly, let the matter be posted on 11.10.2023.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty