IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.707 of 2011
MD. LUKMAN ALI
Versus
THE STATE OF BIHAR
-----------
2 14.02.2011 Heard learned counsel for the petitioner as well as
learned counsel for the state.
Petitioner seeks bail in connection with Special P.S.
Case No. 20 of 2010 (vide D.R.I. Case No. 03 of 2010)
registered under sections- 21, 23 & 29 of the N.D.P.S. Act.
Allegedly, the petitioner was caught while travelling
on the roof of jeep and a bag containing heroine 4050/ gm worth
Rs 4 crores 5 lacs had been kept near the petitioner.
The contention of learned counsel for the petitioner
is that the alleged recovery has not been made from conscious
possession of the petitioner and as a matter of fact, the
petitioner has been implicated in this case to save the real
culprits. He further submits that the petitioner is a poor labourer
and he has no capacity to purchase heroine worth Rs 4 crores
and above. He also points out that even if prosecution story
assumed to be true, then also it is the case of the prosecution
that the aforesaid bag had been kept by one, Sheikh Haidar Ali
but it is surprisingly enough that the aforesaid Sheikh Haidar Ali
has not been made accused in this case.
Considering the facts and circumstance of the case
as well as submissions of the parties, I do not feel it proper to
2
release the petitioner on bail. Accordingly, prayer for bail stands
rejected.
AKV/- ( Hemant Kumar Srivastava,J.)