Ajit Kumar Sinha, J. - (1.) THE present bail application has been preferred to grant regular bail to the petitioner in connection with Narcotic Case No. 6 of 2008, arising out of Patna Police Station Case No. 48 of 2008 dated 06.04.2008, registered for the offence under Sections 17 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'N.D.P.S. Act'), now pending in the court of learned District & Sessions Judge, Palamau at Daltonganj.
(2.) COUNSEL for the petitioner insisted for consideration of certain judgments and in particular the provisions under Section 50 of the N.D.P.S. Act. Counsel for the petitioner has contended that the aforesaid Narcotic Case is not sustainable in view of settled law due to non -compliance of statutory requirement under Section 50 of the N.D.P.S. Act. He has further contended that in any case the petitioner is entitled to regular bail during the pendency of trial. As per the complaint case and the First Information Report it appears that the petitioner along with another while trying to flee away were chased and apprehended and from their possession 29 Kg. of liquid opium from a white jar, hidden in a grey colour air bag, was recovered along with Nokia Mobile and money and, accordingly, the seizure list was prepared. The accused -petitioner could not produce any document for the lawful possession of the commodities. It has also come to light that the large quantity of opium was carried for commercial transaction.
(3.) THE learned Special Judge under N.D.P.S. Act, Palamau at Daltonganj, vide its impugned order dated 18.07.2008 hold that the accused were carrying the liquid opium without any valid authority and the case diary is replete with the materials to show that the accused was involved in clandestine business of opium. The learned Special Judge has also recorded that the report of the State Forensic Science Laboratory has confirmed that the substance seized from the possession of the petitioner was opium and, accordingly, considering the quantity of the opium seized rejected the prayer for bail of the petitioner.;