Rajasthan High Court - Jaipur
Rahul Jangid S/O Shri Vinod Kumar Jangid vs Ncb on 31 August, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:34523]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2547/2024
Rahul Jangid S/o Shri Vinod Kumar Jangid, Aged About 27 Years,
R/o 75A, Saraswati Path, Karni Vihar, Ajmer Road, Jaipur
(Presently Lodged In Central Jail, Jaipur.)
----Petitioner
Versus
NCB, Through Special Public Prosecutor.
----Respondent For Petitioner(s) : Mr. Sudhir Jain For Respondent(s) : Mr. Tez Prakash Sharma, SPP for NCB with Mr. Vaibhav Jhankra HON'BLE MR. JUSTICE GANESH RAM MEENA Order Reserved on ::: August 13, 2024 Pronounced on ::: August 31, 2024
1. Instant criminal misc. bail application has been filed by the accused petitioner under section 439 CrPC in connection with Case No. VIII(10)/02/ NCB/JPZU/2024 dated 03.02.2024 registered at Police Station Narcotics Control Bureau, Zonal Unit, Jaipur for the offences punishable under sections 8(c), 22(c), 27 read with section 29 of the NDPS Act, 1985.
2. The Case No. VIII(10)/02/ NCB/JPZU/2024 was registered with the facts that as per the secret information received, on 02.02.2024 the Narcotics Bureau, Regional Unit, Jaipur, seized 10 LSD blot paper weighing 04 gm. from a (Downloaded on 06/09/2024 at 10:23:28 PM) [2024:RJ-JP:34523] (2 of 10) [CRLMB-2547/2024] parcel tracking number ET987749165IN at Sub Post Office, Vaishali Nagar. After seizure of material a dummy parcel was prepared and was sent through the Postman Dharamveer to Rahul Jangid at his address 75A, Saraswati Path, Karni Vihar, Ajmer Road, Jaipur and was handed over to him after verifying his identity and such act of him is offence under section 8(c), 22(c), 27 and 29 of the NDPS Act.
The accused Rahul Jangid in his statement recorded under section 67 of the NDPS Act has admitted that he made order for 7 parcels. On 03.02.2024 other parcel containing 23.4 gram ganja was seized from the Post Office.
3. Counsel appearing for the accused petitioner submitted that there is no recovery of any contraband from the possession of the accused petitioner and the alleged recovery is apparently at the Post Office on 02.02.2024 and merely on the allegation that a parcel came in the name of the accused petitioner, whereas the accused petitioner was issued notice for 02.02.2024 for appearance on the very same day under Section 67 of the NDPS Act but the accused petitioner was kept in wrong confinement and his statement was recorded under coercion. Thus, it is clear that the accused petitioner has falsely been implicated in this case. Counsel further submitted that even otherwise provisions of section 22(c) read Sections 27 and 29 of the NDPS Act are (Downloaded on 06/09/2024 at 10:23:28 PM) [2024:RJ-JP:34523] (3 of 10) [CRLMB-2547/2024] not at all attracted against the accused petitioner as nothing has been found in the possession of the accused petitioner.
4. Counsel further submitted that the accused petitioner was arrested in the matter without any legal evidence and completely in violation of the mandate of law and the custody of the accused petitioner is itself contrary to law. Counsel also submitted that there is nothing on the record to connect the accused petitioner with the alleged parcel and more so the proceeding and relation to the alleged parcel were conducted contrary to law.
5. Counsel also submitted that the accused petitioner was allegedly arrested for LSD blot paper contraband, which is not recovered from him. Counsel further submitted that there is violation of section 50A of the NDPS Act. Counsel submitted that the contraband was not opened in the presence of the accused petitioner and the same was opened by the NCB. Counsel also submitted that prior to receipt by Vaishali Nagar Post Office, the bag was opened twice which clearly cast doubt that the parcel can be manipulated.
6. Counsel further submitted that as per the test memo the net weight of sample NSD was 01.11 gms on 15.02.2024 and as per the FSL test report, the gross weight of the contraband with plastic pouch was 0.1 gms, which is lesser than the sample taken on 15.02.2024 and the sample (Downloaded on 06/09/2024 at 10:23:28 PM) [2024:RJ-JP:34523] (4 of 10) [CRLMB-2547/2024] which was taken on 15.02.2024 was the net weight of sample i.e. 0.11 gms but the gross weight as per the FSL report including the plastic pouch was 0.1 gm, which clearly shows that even the samples sent to the FSL were manipulated.
7. Counsel further submitted that as per the seizure memo and test memo, the total weight of LSD blot paper was 0.4 gm but how many LSD tickets were sent to the FSL, is not clear from the test memo. Counsel also submitted that whole of the alleged contraband was not sent but out of that only some tickets were sent. Therefore, the other material which was not sent for FSL cannot be assumed to be contraband and thus the same falls less than the commercial quantity.
8. Counsel further submitted that in the present matter the contraband was allegedly recovered on 02.02.2024 and 03.02.2024 but the same was taken after a delay of 12 days which also casts serious doubt on the alleged recovery of contraband. In support of his submissions, counsel appearing for the accused petitioner has placed reliance upon the judgment delivered by the Hon'ble Apex Court in Noor Aga Vs. State of Punjab & Anr., reported in 2008 (1) SCR 379.
9. Mr. Tej Prakash Sharma, learned Special Public Prosecutor appearing for the NCB vehemently opposed the (Downloaded on 06/09/2024 at 10:23:28 PM) [2024:RJ-JP:34523] (5 of 10) [CRLMB-2547/2024] bail application and submitted that there is recovery of contraband from the possession of the petitioner which is more than the commercial quantity. He further submitted that as per the provisions of Section 1985, no person accused of an offence punishable for the offences involving commercial quantity may not be released on bail because at this stage it cannot be said that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. He also submitted that considering the recovery of the commercial quantity, the mandate of Section 37 of the Act of 1985 would apply. Thus, the accused petitioner does not deserve indulgence of bail by this Court.
10. Considered the submissions made by the learned counsel appearing for the accused petitioner as well as learned Public Prosecutor and also perused the challan papers.
11. As per the facts on record, the contraband seized in the present criminal case is more than the commercial quantity which attracts the provisions of Section 37 of the NDPS Act while considering the bail application.
12. This Court after having considered various judgments passed by the Hon'ble Apex Court as well as Rajasthan High Court in the case of Shakti Gurjar Vs. State of Rajasthan & Anr. (S.B. Criminal Misc. Bail (Downloaded on 06/09/2024 at 10:23:28 PM) [2024:RJ-JP:34523] (6 of 10) [CRLMB-2547/2024] Application No. 13814/2023) decided on 30.07.2024 has observed in para nos. 16, 24, 27, 28, 39, 30, 31 and 32 as under:-
"16. Since no satisfaction of the Court has been recorded as required under section 37(b)(ii) of the Act of 1985, the aforesaid orders/judgments cannot be followed to grant relief to the petitioner. The judgments passed in the case of Boota Singh (supra), Raju Munim (supra) and Roy V.D. (surpa) are the cases where there is non- compliance of certain provisions of the Act of 1985 and the right of an accused was considered at the stage of the trial/appeal. The non-compliance of any of the provisions of the Act of 1985 can only be scrutinized only on the basis of the evidence to be led before the trial court i.e. the evidence of the material witnesses who are connected with the compliance of such provisions. Until and unless those witnesses who are connected with compliance of such provisions are got examined by the trial court only then it can be considered and scrutinized whether the compliance of any such provision has been made or not or if same has not been made then what were the reasons or causes which led to such non-compliance because some reasons or causes may be very material to be considered by the trial court or the appellate court.
24. The recent view of the Hon'ble Apex Court and other Courts after having due consideration to the provisions of section 37 of the Act of 1985 is that while granting bail to a person accused of an offence punishable for the offence involving commercial quantity, the Court should record its satisfaction that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.(Downloaded on 06/09/2024 at 10:23:28 PM)
[2024:RJ-JP:34523] (7 of 10) [CRLMB-2547/2024]
27. This Court has to go by the provisions of statutory law because any order of the Court without considering the provisions of the law in force or contrary to the same is said to be per-incurrium and this Court would like to restrain itself from passing such order.
28. In the present case there is recovery of contraband weighing more than the commercial quantity as notified and also there are five other criminal cases pending against the petitioner. There are no reasons for satisfaction of this Court so as to believe that the accused petitioner is not guilty of offences under the provisions of the Act of 1985 and that he is not likely to commit any offence while on bail as he is already facing five other criminal cases.
29. Drug abuse has taken its toll in almost all the districts of Rajasthan. The addicts primarily belong to youth age. The high rate of drug consumption is leading to issues like illegal trade, drug trafficking, and smuggling. The problem of drug addiction has a significant bearing on drug trafficking which has become a significant challenge for governments and social reformers. The NCB reports that the main internal factor for drug trafficking in India is the illicit cultivation of opium, poppy and cannabis. Also, the diversion from licit opium sources to illegal opium production is a major concern. In the trends of 2020, Rajasthan is among the 3 major states, along with Uttar Pradesh and Madhya Pradesh, from where the opium is trafficked to other parts of the country.
Young Indians addicted to drugs are spoiling their lives. Drug addiction is the worst kind of addiction and it causes numerous mental and physical ailments and such youth go often into depression. In order to cope up with stress and depression, they try to consume more drugs and keep spiraling around and are never able to leave this (Downloaded on 06/09/2024 at 10:23:28 PM) [2024:RJ-JP:34523] (8 of 10) [CRLMB-2547/2024] addiction. They lose their sense of control and become vulnerable and many of them commit suicide or get involved in different kinds of criminal activities.
Drug abuse has a direct impact on social and economic aspect of the nation. The impact of drug is realized in workplace, family and the society. It results in violence at home and gang wars in cities, increase crimes and even stresses the public health system and we find young mass addicted to drugs which leads to unsafe life. Addiction not only breaks the family harmony but also puts high economic burden on the society. The economic impact due to Drug abuse is immeasurable.
According to UNDCP report, the economic effects of drug abuse can be measured in two forms, i.e. cost of government drug enforcement policies and the lost human productivity such as lost wages and decreased production that results from illness and premature deaths related to drug abuse. There are many hidden costs relating to disturbance in social life, wastage of young energy.
One can notice apparent rapid changes in societal alignment owing to the reduced family and community cohesiveness, increased unemployment and underemployment, economic and social marginalization and increased crime as a direct result of the problem of drug abuse. Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony. Every society suffers due to even a single drug abuser. It affects the life style and also financial condition of the society concerned.
It is a common practice in the rural areas for the farmers to leave their tools and machineries lying in the fields unsupervised. The drug addicts often end up resorting to the (Downloaded on 06/09/2024 at 10:23:28 PM) [2024:RJ-JP:34523] (9 of 10) [CRLMB-2547/2024] commission of offences like stealing of tools, equipments and machineries of the farmers of their safe and regular farming style. Thus, it develops a strong correlation between addiction and an increased risk of commission of offences.
When drug problems in a community are perceived as serious, people must face unpleasant alternatives. The can accept the reality of drugs in their neighbourhood, adapting to a situation that they cannot hope to change immediately; they can change their lifestyle to reduce the threat of drug dealing and violence in their localities; they can change the environment by some form of community action either with or without the support of the police. Many of these alternatives are not available to persons living in poverty or with limited means. Thus, with fewer choices, the poor pay a greater personal price for drug problems than others.
One aspect of this connection between drugs and crime is temporal causation; that is involvement in property crime generally precedes the addiction career. After addiction occurs, property crime increases and narcotic use is further increased. Drugs and crime cannot be considered separately, in isolation from each other, especially if they emerge from a common set of circumstances. It is a well accepted fact that drug use is a strong correlate of being booked for a criminal offence, but age is the more important correlate of criminal involvement and poverty an even more important predictor of property crime.
30. It can thus very precisely be concluded that what is alluring for one can be daunting for the others. The addicts are, therefore, an added burden to the law-abiding population.
31. Having considered the material available on the record in the form of charge-sheet and the pendency of five (Downloaded on 06/09/2024 at 10:23:28 PM) [2024:RJ-JP:34523] (10 of 10) [CRLMB-2547/2024] other criminal cases against the petitioner, in the opinion of this Court it cannot be said at this stage that the accused petitioner is not guilty of the offences involving commercial quantity of the contraband and that he is not likely to commit any offence while on bail."
12. Having due regards to the contentions of the counsel appearing for the accused petitioner as well as learned Public Prosecutor and the case law referred and also in view of the discussions made above, this Court is not inclined to enlarge the accused petitioner on bail and accordingly the bail application is dismissed.
13. In view of the submissions made by the counsel appearing for the accused petitioner regarding non- compliance of provisions of section 52A of the Act of 1985, this Court deems just and proper to direct the trial court to expedite the trial and conclude the same as early as possible.
(Ganesh Ram Meena) J Sharma NK/Dy. Registrar (Downloaded on 06/09/2024 at 10:23:28 PM) Powered by TCPDF (www.tcpdf.org)