IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.766 of 2024 Arising Out of PS. Case No.-17 Year-2017 Thana- N.C.B (GOVERNMENT OFFICIAL)

District- Patna ======================================================

1. Jagraj Singh Son of Late Dalvir Singh R/O Vill.- Alma Kauwa Pind, P.S.-

Paini Miyan Khan, Dist.- Gurdaspur, State- Punjab

2. Harjindar Singh Son of Late Pyara Singh R/O Vill.- Chigawan, P.S.-

Chigawan, Dist.- Amritsar, State- Punjab ... ... Appellant/s Versus Union of India through N.C.B., Patna Zonal Unit ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mrs. Vaishnavi Singh, Advocate For the Respondent/s : Dr. Krishna Nandan Singh, A.S.G Mr. Arvind Kumar, C.G.C.

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

10 12-02-2026 Re: I.A. No. 1 of 2026 The present Interlocutory Application has been filed for suspension of sentence and grant of bail to the appellants during the pendency of the present appeal.

2. The present appeal has been preferred against the judgment of conviction and order of sentence dated 20.05.2024 and 21.05.2024 respectively passed by the learned court of Exclusive Special Court (N.D.P.S. Act) No. 2, Patna in Special N.D.P.S. Case No. 136 of 2017 (arising out of F. No. NCB/PZU/V/17/2017 dated 14.09.2017) whereby and whereunder the appellants have been convicted under Sections 20(b)(ii)(C) and 29 of the N.D.P.S. Act, 1985 and they have been sentenced to undergo rigorous imprisonment for 12 years under Section 20(b)(ii)(C) of the N.D.P.S. Act, 1985 with fine of Rs. 2 lakhs each. The appellants have been further sentenced to undergo rigorous imprisonment for 12 years under Section 29 of the N.D.P.S. Act, 1985 with fine of Rs. 2 lakhs each. Both these sentences have been directed to run concurrently.

3. The brief facts of the case as per the official complaint of the complainant, i.e. Intelligence Officer, NCB, Patna Zonal Unit, Patna is that on 14.09.2017, instruction was received by the I.O., NCB, Patna from Zonal Director, NCB Patna, Zonal Unit that STF/SOG Patna team has apprehended one Tata LP Truck carrying huge quantity of Ganja near Chandan Line Hotel, Shivnar, Mokama. Thereafter, the NCB team had reached near Chandan Line Hotel, Shivnar, Mokama at 21:30 hours, whereafter they had interrogated five apprehended persons and it was found that while the appellant No. 1 is the driver of the said truck, the appellant No. 2 is the khalashi of the said apprehended truck. Upon search of the truck, 300 kg of Ganja was recovered whereafter search-cum-

seizure formalities were undertaken and then the aforesaid complaint case was registered.

4. The learned counsel for the appellants has submitted that the provisions of the N.D.P.S. Act, 1985 have not been followed properly and there is violation of Section 42(2) and Section 52 A of the N.D.P.S. Act, 1985. The learned counsel for the appellants has further submitted that there is huge discrepancy in search and seizure process and even the material exhibits were not produced before the learned trial court nor the destruction report of the narcotic and psychotropic substance was ever produced before the learned trial court resulting in the prosecution having failed to prove the offence alleged qua the appellants beyond all reasonable doubts. The learned counsel for the appellants has further submitted that the appellants are in custody since 8 years 4 months, hence their case for grant of bail be considered sympathetically. In this regard reference has been made to the judgment rendered by the Hon’ble Apex Court in the case of Mossa Koya K.P. vs. State of (NCT of Delhi), reported in (2022) 17 SCC 545, wherein the Hon’ble Apex Court has referred to the judgment rendered by the Punjab and Haryana High Court in the case of Daler Singh vs. State of