Nasir Ansari v. The State of Jharkhand

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH For the Petitioner : M/s. Arun Kumar, Advocate For the State : M/s. Fahad Allam, A.P.P. ------ ----- 02/30.07.2025 Heard the parties

The petitioner has been made accused in connection with Ghaghra P.S. Case No. 36 of 2023 corresponding to N.D.P.S. Case No. 20 of 2023, for the offences registered under Section 21(c) of the N.D.P.S. Act and Section 27(b)(ii) of the Drugs and Cosmetic Act, 1940, pending in the Court of learned Additional Sessions Judge-V, Gumla.

Bail Application of the petitioner was earlier rejected by this Court vide B.A. No. 4070 of 2024 by order dated 12.12.2024.

It appears that 22 bottles of Onerex Cough Syrup were recovered from the possession of the petitioner.

It was submitted that the petitioner is in custody since 8.05.2023. It was further submitted that though the charge was framed on 27.03.2024, but the prosecution has not examined any witness.

Learned A.P.P. has submitted that as commercial quantity of Onerex Cough Syrup was recovered from the possession of the petitioner, the petitioner should not be granted bail in light of provision of the N.D.P.S. Act.

Considering the period of custody and also considering the fact that only one witness has been examined, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-V, Gumla in connection with Ghaghra P.S. Case No. 36 of 2023 corresponding to N.D.P.S. Case No. 20 of 2023. Nandini/- (Ambuj Nath, J.)