Mandru Munda vs State of Jharkhand

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the

present.

The petitioner has been made accused in connection with Saiko P.S. case no. 13 of 2020 corresponding to NDPS P.S. case no. 30 of 2020 instituted

under sections 18/22 of the NDPS Act.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was caught by police while carrying

3 kg of raw opium. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by

learned counsel for the petitioner that the petitioner has been in jail custody since 20.05.2020 as mentioned in paragraph 6 of the bail application hence,

the petitioner may be released on bail.

Learned Spl. P.P. vehemently opposes the prayer for bail and submits that the seized opium comes under commercial quantity hence rigors of section

37 of the Narcotic Drugs and Psychotropic Substance Act, 1985 is attracted in this case and in absence of any material to show that the petitioner is

not guilty of the alleged offence and that there is no chance of the petitioner indulging in any offence if released on bail, the petitioner ought not to be

released on bail. Considering the serious allegation against the petitioner and seizure of opium under commercial quantity and in absence of any

material to suggest that petitioner is not guilty of the offences alleged or that there is no chance of the petitioner being involved in any offence while on

bail, this Court is of considered view that this is not a fit case where the petitioner be released on bail. Accordingly, the prayer for bail of the above

named petitioner is rejected.

Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order

in administrative side of this Court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months

from the date of receipt of this order by the trial Court. It is made clear that the trial be conducted and witnesses be examined by observing the

precautions relating to COVID- 19 pandemic.