Division Bench of Justices Rajeev Ranjan Prasad, Soni Shrivastava condones delay of 753 days in NDPS case against Nav Kumar Ojha

In Nav Kumar Ojha vs. The Union of India through the Intelligence Officer, Narcotics Control Bureau (NCB), Patna, Bihar (2026), Patna High Court's Division Bench of Justices Rajeev Ranjan Prasad and Soni Shrivastava passed a 2-page long order dated March 31, 2026, wherein, it condoned the delay of 753 days. The order reads:"5. This is an application seeking condonation of delay of 753 days in filing the present appeal. 6. It is stated in the application that the delay has occurred because of long custody of the appellant in jail, he had lost his entire source of earning and his wife was ill. 7. Having regard to the reasons shown and there being no opposition to the application for condonation of delay, we condone the delay. 8. I.A. No.1 of 2025 is allowed." 

Dr. Gopal Krishna, the Advocate of the petitioner had informed the court that the three convicts, namely, Nav Kumar Ojha, Shankar Yadav and Pritam Lakda were convicted in the same NDPS case by the trial court. The case of Shankar Yadav and Pritam Lakda (Cr. App. (DB) 629 of 2023) and that of Nav Kumar Ojha Cr. App. (DB) 1014 of 2025 are before the same bench of the High Court. In this regard, the Court's order reads: "9. It is informed that the present appeal is connected with Cr. Appeal (DB) No.629 of 2023, which is an admitted matter and listed under the heading ‘For Hearing’ in the today’s cause list. 10.  Taking note of the above information, we admit this appeal and direct to tag the present appeal with Cr. Appeal (DB) No.629 of 2023. This appeal shall be listed simultaneously with the said appeal under the same heading."

The FIR in this case was filed on February 2, 2021. On an earlier occasion the Court was informed Pritam Lakra, the petitioner "has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the truck in question. He further submits that the petitioner is the cleaner of the truck in question and he has no concern at all with the alleged recovery of contraband." This aspect is recorded in the High Court's 3-page long order dated June 20, 2023. 

The paper book prepared by the High Court's Registry has the compliant petition filed on July 28, 2021 against Bijendra Kumar Ray, Nav Kumar Ojha, Shankar Yadav and Pritam Lakda does not have the copy of the FIR dated February 2,2021. The complaint petition does not refer to the FIR. for the offences punishable under Sections 8(c), 20(b) (ii) (c), 25 and 29 of NDPS Act. The N.C.B. Case No. NCB/PZU/V/01/2021 was registered on February 2, 2021, the date of the seizure of the truck at Koilwar-Chapra More, Bhojpur. Notably, Bijendra Kumar Ray, the recipient of the Ganja in question has been acquitted by the trial court. No case has been registered against Sundar Rao and Damu, the suppliers of Ganja from Koraput, Odisha. Their names are mentioned in the complaint petition. The complaint petition mentions the name of Narad from Uttar Pradesh but does not explain his role.  All the four have been acquitted of charges under Section  29 of NDPS Act, which pertains to criminal conspiracy.