Dukhan Saw vs State of Jharkhand

Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for grant of regular bail to the petitioner in connection with Chatra Sadar P.S. Case No.401 of 2020, registered under Section 20 of the N.D.P.S. Act.

Learned counsel for the petitioner has submitted that the petitioner is in custody since 25.11.2020. The investigation is complete and the petitioner is ready to co-operate with the trial. Further, it has been alleged that some cannabis plants (ganja plants) have been recovered from the land near the house of the petitioner. The said land has been donated to a temple trust. It has further been submitted that neither quantity nor number of plants has been shown. There is no criminal antecedent against the petitioner. On the above facts, the prayer for bail has been made.

Counsel for the State has opposed the prayer for bail but he could not points out any parameter upon which the quantity can be ascertained categorizing the same either under the commercial quantity or the small quantity.

Considering the material available on record and the period of custody, the petitioner, 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 Sessions Judge-cum-Special Judge (N.D.P.S.), Chatra in connection with Chatra Sadar P.S. Case No.401 of 2020, subject to condition that the petitioner will submit self-attested photocopy of his Aadhar 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.