Md. Samiul Islam 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 Rail P.S. case no. 08 of 2020 arising out of NDPS case no. 30 of 2020 instituted under

sections 17 (c ) / 18 (c ) of the NDPS Act.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons,

was involved in transportation of 6kg of opium, which was seized from the co-accused Md. Azharuddin. 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

implicated in this case as police upon secret information approaching him and he led to discovery of 6kg opium from the co-accused and the train

travelling tickets of the said co-accused Md. Azharuddin was also appearing in the mobile hand set of the petitioner and call detail report of the mobile

phone seized from the possession of the petitioner, revealed that the petitioner and three other co-accused persons were found in contact with each

other having conversation before the said 6kg of opium was seized. It is further submitted by learned counsel for the petitioner that nothing has been

recovered from his personnel possession and the petitioner has been in jail custody for a considerable period of time hence, the petitioner may be

released on regular bail.

Learned Spl. P.P. vehemently opposes the prayer for bail and submits that the recovered opium is in commercial quantity and the materials collected

during investigation suggests that the petitioner along with the co-accused was transporting opium in an organized manner and since the quantity of

opium comes under commercial quantity hence rigors of section 37 of the Narcotic Drugs and Psychotropic Substance Act 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 the petitioner ought not be released on bail.

Considering the serious allegation against the petitioner of being involved in transportation of 6kg of opium which is commercial quantity and in

absence of any material to suggest that petitioner is not guilty of the offences alleged and that there is no chance of the petitioners 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.