IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18883 of 2008
RAJU KUMAR
Versus
THE STATE OF BIHAR
– – – –
3. 1.7.2008 Heard.
The total recovery is 51 grams of brown
sugar. The contention is many fold. That it is
at all not certain that the recovered good
really was brown sugar as the report of
Forensic Science Laboratory is still to come.
The second argument was that it was recovered
from two different places from the house which
was in joint possession of many persons. The
third contention is that the chargesheet was
submitted only to deny the benefit to the
petitioner as approved under Section 36(a) of
the Narcotic Drugs and Psychotropic Substances
Act read with Section 167(2) of the Cr. P.C.
The provision of bail as contained in
Section 37 of the N.D.P.S.Act is so stringent
as not to allow bail to an accused unless
there are reasonable grounds to believe that
the accused might not have committed any
offence and secondly on being released he may
not indulge in yet another offence. At this
stage it is difficult to record either of
2
the findings, considering which the petition
is dismissed.
However, if it is found that the
recovered good was not brown sugar, the
petitioner will have liberty to come for
fresh order.
Let this order be communicated to the
learned Special Judge, i.e., 6th Additional
Sessions Judge, Patna, so as to taking steps
for obtaining report of the Forensic Science
Laboratory.
Kanth
( Dharnidhar Jha, J.)