Patna High Court - Orders
Samir Deb Barma vs The Union Of India Through Intelligence ... on 30 August, 2022
Author: Sunil Kumar Panwar
Bench: Sunil Kumar Panwar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67424 of 2021
Arising Out of PS. Case No.-2 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Begusarai
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SAMIR DEB BARMA Son of Sri Surjya Kumar Debbarma Resident of
Village - Tulabari, Post Office - Balurbandh, P.S.- Sidhai, District - Tripura
(West) (Tripura)
... ... Petitioner/s
Versus
The Union of India through Intelligence Officer, Narcotic Control Bureau,
Patna Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. P.N.Shahi, Senior Advocate
: Mr. Saket Gupta. Advocate
For the Opposite Party/s : Mr. Rakesh Kumar Sinha, Central Govt.Counsel
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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
8 30-08-2022Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Central Govt.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 8 (C), 20, 25 and 29 of the Narcotics Drugs and Psychotropic Substance Act, 1985.
The prosecution case in brief is that on secret information, a Bolero bearing registration no.WB-19H-6687 was intercepted at NH 31, Begusarai on 05.02.2020 at 01:00 hours (night). It is alleged that one Santosh Ray was driving the vehicle and one Satvir Kumar was seated on the vehicle. It is further alleged that raiding party intercepted vehicle and its Patna High Court CR. MISC. No.67424 of 2021(8) dt.30-08-2022 2/5 occupants, namely, Santosh Ray and Satvir Kumar and brought to Ballia Police Station for further proceedings. It is further alleged that 204 kilograms of ganja was recovered from the cavity made in the floor of the Bolero and seized later on. It is further alleged that two persons seated on the vehicle have voluntarily deposed their statement under Section 67 of the NDPS Act in which both of them confessed their involvement in the trafficking of the seized ganja. Both Santosh Ray and Satvir Kumar were arrested by the NCB team. It is further alleged that the co-accused Santosh Ray in his statement furnished under Section 67 of the NDPS Act revealed that one Navin Jha and Sujit Jha were in partnership with them for trafficking of seized contraband of 204 kilograms. It is further alleged that co- accused namely, Navin Jha has also furnished statement under Section 67 of the NDPS Act in which he has confessed his involvement in the alleged trafficking of the contraband. It is further alleged that the CDR of co-accused namely, Santosh Ray, Satvir Kumar and Sujit Jha shows that they were in contact with each other. The CDR also reveals that one Chandan was also in touch with them. It is further alleged that in paragraph-41 of the complaint petition that on 05.03.2020 authorization dated 04.03.2020 was issued by the Superintendent of NCB, Patna Patna High Court CR. MISC. No.67424 of 2021(8) dt.30-08-2022 3/5 Zonal Unit and the house of the petitioner was searched but no incriminating article was recovered from the house of the petitioner. It is further alleged that through mobile no. 9436369007 registered in the name of one Prashanta Debbarma, son of Sri Amulya Debbarma, he was in contact with the mobile no. 9102495135 of one Chandan.
In contra, learned counsel appearing on behalf of the Central Government submits in reply to paragraph Nos. 10, 11, 23, 37 to 39 that as per the voluntary statement of accused persons Santosh Ray and Navin Jha, 204 Kg of Ganja was supplied by the petitioner to Samir Debbarma. The petitioner knows co-accused Sujit Jha @ Sanjeev Jha @ Ghantol Jha and Navin Jha and both were approached to the petitioner for supplying of the seized Ganja. He further submits in reply to paragraph Nos. 12 and 13 that during the search of the house of the petitioner, one tax invoice dated 17.12.2018 of Hiramoyee Enterprise, Agartala issued in the name of Samir Debbarma having mobile number 9436369007 was recovered/seized. The CAF & CDR of the above mobile number 9436369007 were obtained from BSNL. On scrutiny of CAF, it has been found that the mobile number 9436369007 is registered in the name of Prasanta Debbarma, S/o Mr. Amulya Debbarma, R/o H. No. Patna High Court CR. MISC. No.67424 of 2021(8) dt.30-08-2022 4/5 117, Village-Ramdas Thakur Para, P.S. Sidhai, Tehsil- Shankhala, District- West Tripura, Tripura-799212. Since, the mobile number of the petitioner mentioned in the tax invoice is 9436369007, hence, it is not true to say that the petitioner has no concern or relation with Prashant Debbarma.
Learned counsel for the petitioner submits that there are reasonable grounds to believe that the petitioner is not guilty of the offence as alleged against him. The reasonable grounds are:-
(i) The allegation levelled against the petitioner is based upon a hearsay statement of co-accused person and nothing more than that.
(ii) The co-accused persons disclosing name of the petitioner categorically denies having known to the petitioner.
(iii) There is no recovery of any illicit contraband or any material from the search conducted at the house of petitioner by the Opposite Party.
(iv) The petitioner has no nexus with any of the co-
accused persons of the present case.
(v) The petitioner was not in contact with any of the co-accused persons of the instant case.
(vi) The petitioner is not the owner of the vehicle in Patna High Court CR. MISC. No.67424 of 2021(8) dt.30-08-2022 5/5 which the contraband was allegedly seized.
(vii) The petitioner has got clean antecedent. Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge under NDPS Act, 1985 at Begusarai in connection with Special Case No. 07 of 2020 arising out of NCB Case No. NCB/PZU/V/02/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Brajesh Kumar/-
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