Mohan Saha @ Mohan Kumar Saha @ Mohan Sah v. The State of Jharkhand

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ------ For the Petitioner For the State : Mr. Gautam Kumar, Advocate : Mr. Amresh Kumar Sharma, Advocate : Ms. Nehala Sharmin, Spl.P.P Order No.06/Dated- 17.05.2024 ------ Heard learned counsel for the parties.

Apprehending his arrest in connection with Barharwa P.S. Case No. 101 of 2023 instituted under Sections 21(C) of N.D.P.S. Act, 1985 and Sections 27(b) (ii)/28(A) of Drugs and Cosmetic Act, 1940, the petitioner has moved this Court for grant of privilege of anticipatory bail.

As per F.I.R., the allegation against the petitioner is that on

03.07.2023, informant received secret information and subsequently, apprehended a Tempo at Kushwaha Tola. Two individuals in the Tempo tried to flee but one Sunil Saha was caught. The Tempo contains 140 bottles of Codeine Phosphate Chloropheniromine Maleate Syrup CHOCO and mobile phones, one of which was registered in the name of petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that on the basis of confessional statement of co-accused, petitioner has no concern with the alleged offence and he has no criminal antecedent. Petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, the petitioner may be extended the privilege of anticipatory bail.

Learned Spl.P.P appearing for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and has submitted that it is a case where huge quantity of 140 cough syrup, in contravention of the provisions of the Drugs and Cosmetics Act as well as of the N.D.P.S. Act, has been seized that was kept in a carton and were being transported in a tempo without valid papers. It has appeared that present petitioner and the apprehended co-accused were engaged in selling Codeine Phosphate Chloropheniromine Maleate CHOCO Cough Syrup and 140 pieces of Codeine Phosphate CHOCO Syrup has been seized and the present petitioner at the time of interception by the police fled away. Petitioner is required for custodial interrogation. Hence, petitioner may not be extended privilege of anticipatory bail.

Considering the facts and circumstances of this case, the nature of allegation against petitioner is quite serious and there are materials showing involvement of petitioner in this case, I am not inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the present anticipatory bail application of the petitioner is hereby rejected. Sachin (Pradeep Kumar Srivastava, J.)