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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANJAY KUMAR SINGH
Habibur Rahaman @ Habibur Rahman S/O Abdul Haqim – Appellant
Versus
State of Bihar – Respondent
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| 1. appeal against ndps conviction seeks bail suspension. (Para 1 , 2 , 3) |
ORDER :
Heard learned senior counsel for the appellants and learned Additional Public Prosecutor representing the State.
2-This appeal under Sections 415 (2) and 430(1) of B.N.S.S. has been preferred by the appellants namely Habibur Rahaman @ Habibur Rahman and Akramul Mia @ Ekramul Miyan against the judgment of conviction dated 06.01.2025 and order of sentence dated 10.01.2025 passed by the learned Additional Sessions Judge-IV, Purnea in NDPS Special Case No. 71 of 2022, CIS No. 71 of 2022 (arising out of Madya Nishedh Purnea P.S. Case No. 423 of 2022) registered under Sections 8(c), 20(b)(ii)(C), 25 of the NDPS Act 1985 convicting and sentencing the appellants as under:-
(a) 10 year’s rigorous imprisonment and fine of Rs. 100000/- each for the offence under Section 20(b)(ii)(C) of the N.D.P.S Act, 1985 and in default of payment of fine, 1 year’s additional simple imprisonment.
(b) 10 year’s rigorous imprisonment and fine of Rs. 100000/- each for the offence under Section 25 of the N.D.P.S Act, 1985 and in default of payment of fine, 1 year’s additional simple imprisonment.
All the sentences are or
Liberal approach for bail pending appeal in NDPS cases where substantial sentence (3.5/10 years) served, no antecedents, no exceptional circumstances, satisfying Section 37 and upholding Article 21.
The court emphasized procedural discrepancies in evidence handling and the necessity for independent corroboration in drug-related cases, leading to bail grant.
Bail granted in NDPS appeal due to long incarceration and arguable points despite conviction.
The central legal point established in the judgment is the significance of complying with the mandatory provisions of the NDPS Act, particularly in relation to search, seizure, and sampling procedure....
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