Rajasthan High Court - Jodhpur
Darshan Singh vs N.C.B. Jodhpur on 3 July, 2019
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6785/2019
Bharpur Singh S/o Mahender Singh Jat, Aged About 32 Years,
Khurabi, Police Station Sangroor, District Sangroor, Punjab (At
Present Lodged In District Jail Chittorgarh)
----Petitioner
Versus
N.c.b. Jodhpur, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 6787/2019
Darshan Singh S/o Guljar Singh, Aged About 28 Years, Village
Baras, Post Dhagga, Tehsil Patda, District Patiyala, Punjab (At
Present Lodged At District Jail Chittorgarh)
----Petitioner
Versus
N.c.b. Jodhpur, Through Pp
----Respondent
For Petitioner(s) : Mr Mahesh Bora, Sr. Advocate
assisted by Mr Arun Kumar
For Respondent(s) : Mr M.R.Pareek for NCB
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 03/07/2019 Heard learned counsel for the petitioners as well as learned counsel appearing for NCB and also perused the material on record.
The petitioners have been arrested in connection with Case No.VIII(IO)009/NCB/JZU/2017, NCB Jodhpur for the offences punishable under Sections 8/15, 25, 29 of NDPS Act. (Downloaded on 04/07/2019 at 10:10:27 PM)
(2 of 5) [CRLMB-6785/2019] They have preferred these bail applications under Section 439 Cr.P.C.
As per the prosecution story, Banshi Lal Jat, Officer of the NCB, Region Jodhpur received a secret information on 25.07.2017 that two persons viz. Darshan Singh and Bharpur Singh, the petitioners, residents of State of Punjab are going to transport 6.7 quintals of illegal poppy straw on 27.07.2017 between 2:00 A.M. and 10:00 A.M. in Tata Truck No. PB11BR5045 through Neemach and would pass through Chittorgarh via Nimbahera and supply the narcotic contraband to some persons in Punjab. The said information was noted down and submitted before the Higher Officer of NCB. Later on, Superintendent of NCB-I formed a team under the supervision of Banshi Lal Jat and the said team was stationed near Railway Station, Chittorgarh on 26.07.2017. Banshi Lal Jat procured two independent witnesses and informed them about the secret information and thereafter took position on National Highway No.79 near Chetak Toll Plaza. On 27.07.2017 at 6:45 A.M., the team intercepted the vehicle Tata Truck No.PB11BR5045 and stopped it, in which two persons were found; they introduced themselves as Bharpur Singh and Darshan Singh. After introducing himself, Banshi Lal Jat informed about the secret information received by him and thereafter checked the truck in which he found certain white colour plastic bags, which were hidden under the several bags of Grams and prima facie he found that the material contained in white colour plastic bags is poppy straw and on interrogation, both the persons admitted that it is poppy straw. As several people gathered on National Highway and there was no proper arrangements for conducting the proceedings of seizure, the truck and the accused-persons along (Downloaded on 04/07/2019 at 10:10:27 PM) (3 of 5) [CRLMB-6785/2019] with two independent witnesses were taken to nearby PWD Dak Bunglow and thereafter the seized narcotic contraband was taken out. In all 30 bags containing 615.200 kgs. of illegal poppy straw were seized.
After thorough investigation, the NCB filed charge- sheet against the petitioners for the offences punishable under Sections 8/15, 25, 29 of the NDPS Act.
Mr Mahesh Bora, learned Senior Advocate assisted by Mr Arun Kumar appearing on behalf of the petitioners has argued that as a matter of fact the proceedings of seizure of alleged narcotic contraband from the possession of the petitioners is vitiated because the samples of the narcotic contraband alleged to have been seized from the possession of the petitioners were not collected at the initial stage i.e. on the National Highway No.79, where the NCB had stopped the truck and conducted search.
Learned Senior counsel for the petitioners has submitted that as per the charge-sheet and the statements of Seizure Officer, it is clear that samples of the seized narcotic contraband were taken out at PWD Dak Bunglow, Chittorgarh, though the truck in which the narcotic contraband was found, was detained by the NCB at National Highway No.79. Learned Senior Counsel has submitted that the action of the NCB of not taking out samples at initial stage of seizure vitiates the whole proceedings and it is a defect which could not have been cured by the NCB by taking samples at a later stage at a different place.
In support of the above submissions, learned Senior Counsel has placed reliance on a decision of Hon'ble Supreme Court rendered in Kuldeep Singh vs. State of Punjab, reported in (2010)10 SCC 219 and prayed that in view of the facts and (Downloaded on 04/07/2019 at 10:10:27 PM) (4 of 5) [CRLMB-6785/2019] circumstances of the case, the petitioners are entitled to be released on bail.
Per contra, Mr M.R.Pareek, learned counsel appearing for NCB has vehemently opposed the bail application and submitted that in the seizure memo, charge-sheet as well as in the statements of Seizure Officer, PW.4 Banshi Lal Jat, it is clear that the NCB Party had stopped the truck on the National Highway No.79 near Chetak Toll Plaza and then and there, site inspection was prepared in the presence of independent witnesses as well as in the presence of the accused-petitioners. It is submitted that as the crowd was gathered at the place, where the truck was stopped and proper arrangements were also not there, the NCB Party had taken the truck to the nearby PWD Dak Bunglow in the presence of the accused-petitioners as well as the independent witnesses and there the whole proceedings of seizure of narcotic contraband and taking out of samples were completed.
Learned counsel for NCB has argued that in the above facts and circumstances of the case, it cannot be said that the NCB had not collected the samples as per the procedure and there were no serious discrepancies in collecting the samples. Learned counsel for NCB has further argued that the facts of the case of Kuldeep Singh (supra) are quite distinguishable because in the said case, the narcotic contraband was seized and sealed by the seizure officer, however, the samples of the said narcotic contraband were later on collected at a different place by a different officer. Learned counsel for NCB has submitted that in the present case, the narcotic contraband was not seized or sealed at the National Highway No.79 but was seized and sealed after taking out samples at PWD Dak Bunglow, Chittorgarh. He has argued (Downloaded on 04/07/2019 at 10:10:27 PM) (5 of 5) [CRLMB-6785/2019] that in the above facts and circumstances of the case, at this stage, it cannot be said that the proceedings of taking out samples by the NCB were defective.
Heard learned counsel for the parties and perused the material available on record.
It is true that the NCB had intercepted and stopped the truck at National Highway No.79 in Chittorgarh but at that time only initial interrogation from the accused-petitioners were carried out and the truck was inspected. The proceedings of seizure of the truck or the narcotic contraband was not carried out at National Highway No.79. The Seizure Officer PW.4 Banshi Lal Jat explained that why the seizure proceedings were not carried out at National Highway No.79 and gave explanation for conducting the proceedings at PWD Dak Bunglow.
In view of the above, I am of the opinion that at this stage, it is difficult to form a prima facie opinion that there are reasonable ground for believing that the petitioners are not guilty of commission of offences punishable under Sections 8/15, 25 and 29 of the NDPS Act. Taking into consideration the limited scope of granting bail to the accused-petitioners as per Section 37 of the NDPS Act in the cases where seizure of contraband of above commercial quantity is involved, I am not inclined to grant bail to the petitioners.
Hence, both the bail applications preferred on behalf of the petitioners under Section 439 CrPC are rejected.
(VIJAY BISHNOI),J m.asif/PS (Downloaded on 04/07/2019 at 10:10:27 PM) Powered by TCPDF (www.tcpdf.org)