Jharkhand High Court
Minhaj Alam vs The State Of Jharkhand on 13 October, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 539 of 2025
Minhaj Alam ...... Appellant
Versus
The State of Jharkhand ....... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. Pankaj Srivastava, Advocate
For the State : Mr. Vishwanath Roy, Spl.PP
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th
06/Dated: 13 October, 2025
I.A. No.9122 of 2025
This Criminal Appeal has been filed on behalf of the
appellant namely, Minhaj Alam challenging the judgment of
conviction and Sentence dated 17.04.2025 passed by then
learned Sessions Judge, Garhwa in N.D.P.S Case No.02 of 2023,
arising out of Garhwa P.S. Case No.108 of 2023 by which the
appellant along with one Rahim Ansari had been convicted for
the offence under Section 20(b) of N.D.P.S Act and sentenced to
undergo R.I. for five (05) years each and to pay the fine of
Rs.50,000/- (Rs.Fifty Thousand) each.
2. I.A. No.9122 of 2025 has been filed on behalf of the
appellant for suspension of sentence and for grant of bail to
the appellant, during pendency of the present Criminal
Appeal.
3. Heard Mr. Pankaj Srivastava, learned counsel for the
appellant and learned Spl.PP for the State.
4. Learned counsel for the appellant submitted that the
impugned judgment and sentence passed by the learned Court
below is illegal and not sustainable in the eye of law. It is
submitted that the appellant is innocent and has not committed
any offence. It is submitted that the alleged recovery has been
made from the Motorcycle of co-convict Rahim Ansari. It is
submitted that even the alleged recovery of 1040 gms Ganja
was shown from the Motorcycle of co-convict and the said
weighment of the Ganja was done by the informant along with
the bag and polythene. It is submitted that even the recovery
of the Ganja was less than one (01) Kg but as it was measured
with the bag (Jhola) and two (02) polythenes, it has increased
to 1040 gms (i.e.01 Kg and 40 gms) and the recovered
quantity can be treated as lower quantity. It is submitted that
during trial, the shopkeeper was examined as P.W-9 has stated
that Ganja was even weighed in his shop and for which he had
given a paper to the police but the said paper was not marked
as exhibit during trial. It is submitted that even the FSL report
was not examined in presence of the witnesses rather it was
examined and marked under section 293 of Cr.P.C without
allowing the appellant to cross-examine on the said aspect of
FSL report. It is submitted that the appellant was in custody
for around four months during trial (i.e. from 17.03.2023 to
18.07.2023) and thereafter he is in custody since 17.04.2025
i.e. for around five months and thus he has remained in
custody for around nine months and hence, the appellant may
be enlarged on bail.
5. On the other hand, learned APP has opposed the prayer
for bail. It is submitted that the appellant was caught red
handed along with co-convict Rahim Ansari while they were
carrying Ganja on the Motorcycle. It is submitted that P.W-1-
Chandan Kumar is the informant of this case and P.W-2-
Awadh Kumar Yadav is the SDPO, Garhwa and they have
fully supported the case. It is submitted that P.W-3, P.W-4 and
P.W-5 namely, Suryabhushan Kumar Singh, Samendra Kumar
Singh and Arun Prakash Baitha are also members of raiding
party and eye witnesses of the occurrence. It is submitted that
P.W-9 is the shopkeeper in whose shop weighment of Ganja
was done and thus the prayer for bail of the appellant may be
rejected.
6. Perused the Trial Court Records and considered the
submission of both the sides.
7. It appears from the Trial Court Record that the seized
Motorcycle in question belongs to co-convict Rahim Ansari
and which he has also admitted during his statement recorded
under section 313 of Cr.P.C.
8. It also appears that the weighment of seized Ganja was
done in the shop of P.W-9. However, P.W-9 namely Srikant
Kumar, during evidence, stated that he is not aware of the
weighment and also not aware of the materials kept in the bag
and he has given one paper of weighing of material.
9. It reveals that during trial the said paper has not been
marked as exhibit during trial and thus the weight of the
material is not available.
10. It transpires that the P.W-1-Chandan Kumar is the
informant of this case and he himself admitted during
evidence at para-4 and cross-examination at para-19 that the
weighment of Ganja and the bag were made together and it
was not separated and both were not weighed separately.
11. It reveals that the I.O has not produced the certificate of
shopkeeper regarding weighment of Ganja in question and
there is dispute in the weighment of material (i.e. Ganja) in
question.
12. Considering the facts and circumstances of the case and
the custody of the appellant, the appellant namely, Minhaj
Alam, is directed to be released on bail, on furnishing bail
bonds of Rs.15,000/- (Fifteen Thousand only) with two
sureties of the like amount, to the satisfaction of learned
Sessions Judge, Garhwa in N.D.P.S Case No.02 of 2023,
arising out of Garhwa P.S. Case No.108 of 2023, subject to
the condition that one of the bailors must be the own blood
relative of the appellant and also subject to the Undertaking
that the appellant will not indulge in such type of crime in
future again and he will not thereafter induce the witnesses
directly or indirectly examined in this case till the final
hearing of the appeal and also subject to the condition that he
must be represented through his counsel on the date of hearing
fixed in this appeal, failing which, the prosecution will be at
liberty to take steps for cancellation of his bail.
13. Thus, I.A. No.9122 of 2025 is allowed and stands disposed
of.
14. Let a copy of this order be sent to the Superintendent of
Police, Garhwa.
(Sanjay Prasad, J.)
Dated: 13.10.2025
Saket/-
