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Judgment
Heard learned counsel for the parties through video conferencing. They have no complain with respect to the audio and video clarity and quality.
The defects as pointed out by the office are hereby ignored. The petitioner is an accused for allegedly committing an offence punishable under
Sections 8, 15, 16, 18, 20(b)(ii)(c) of the N.D.P.S. Act in connection with Balumath P.S. Case No. 42 of 2018, corresponding to N.D.P.S. Case No.
02 of 2018 pending in the court of learned Sessions Judge-cum-Special Judge, Latehar.
Prayer of the petitioner was earlier rejected. There is an allegation against the petitioner and the co-accused that they were carrying 9 K.G. of opium.
The said opium is of commercial quantity.
The counsel for the petitioner takes this Court to the statement of the witnesses and submits that there are serious contradictions in the statement of
the witnesses and even the seizure has not been made properly. He further submits that the materials have not been sealed which has admitted by the
witnesses. He further submits that one of the co-accused has been granted bail by the Co-ordinate Bench of this Court on similar allegations.
What the learned counsel has submitted has already been taken note of by the court while rejecting the prayer of bail of the petitioner earlier.
In this case, 9 K.G. of opium was recovered which is of commercial quantity. Though the charge has not been framed under Sections 19, 24 and 27-A
of the N.D.P.S. Act, still I am not inclined to grant bail keeping in view of the fact that material seized is opium and is of 9kg.
Accordingly, the prayer for bail of the petitioner is hereby rejected.
The trial court is directed to conclude trial on day to day basis immediately after the court resumes normal functioning.