The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 3078 of 2024 Anil Yadav, S/o Girdhari Yadav, R/o Village-Ahirtola Mahanetand, Chordaha, P.O+P.S-Chouparan, District-Hazaribagh ….. Petitioner Versus 1. The State of Jharkhand 2. The Union of India, through Narcotics Control Bureau, Sub-Zone-Ranchi ….. Opposite Parties With A. B. A. No. 3079 of 2024 Sanjeet Kumar Yadav @ Sanjit Kr. Yadav, S/o Manoj Yadav, R/o Village-Nevri Karma, Dadpur, P.O+P.S-Chouparan, District-Hazaribagh Versus ….. Petitioner 1. The State of Jharkhand 2. The Union of India, through Narcotics Control Bureau, Sub-Zone, Ranchi ….. Opposite Parties ----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR For the Petitioners: For the State: For the NCB:
Legal Reasoning
----- Mr. Ashutosh Anand No.2 Mr. Naveen Kr. Ganjhu, A.P.P Mr. Anil Kumar, A.S.G.I 07/12.09.2024 The petitioners apprehending their arrest in connection with the case ----- registered under Section 8(c) read with Sections 18(b) & 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have prayed for grant of anticipatory bail. 2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case and have not committed any offence as alleged in the offence report. As per the offence report submitted by the Intelligence Officer of the Narcotics Control Bureau (NCB), Ranchi, pursuant to receipt of a specific information and reducing the same in writing, superior officers were intimated and necessary permission was obtained to take action. Thereafter, a team of NCB officials left NCB Office, Ranchi at about 11:00 Hrs. on 06.07.2023 and reached Chouparan Police Station at about 14:05 Hrs. Subsequently, the NCB team made a requisition to the Officer- In-Charge of Chouparan Police Station after sharing the available information and requested him for providing police assistance as well as to facilitate the independent witnesses for probable search-cum-seizure which was accepted by the said police officer, who entrusted two persons as independent witnesses. The NCB team shared the secret information with the said two witnesses and requested them to join the team as independent witnesses for probable search and seizure procedures, to which they voluntarily agreed. Thereafter, the joint team of NCB and Chouparan Police Station along with the said two independent witnesses left for ‘Patiyala Dhaba’ and reached there at around 14:35 Hrs. The said team entered the premises of the said ‘Dhaba’ and found one person present there sitting on a chair. On enquiry, he introduced himself as Rewa Thakur. Thereafter, the NCB team introduced themselves as well as the two independent witnesses with the said person and shared the available secret information with him. The NCB team inquired about Ravindra Kumar Yadav, whereupon Rewa Thakur informed that he had come in the morning and after parking his ‘Wagon R’ vehicle in the premises of the said hotel, had left the place with the Manager, Sanjeet Kumar Yadav (the petitioner of A.B.A. No. 3079/2024). The joint team asked him to call them to the said hotel upon which he tried to contact them, however, he could not succeed in contacting them. The said team expressed the intention to search the said ‘Dhaba’ premises. In course of search, three transparent plastic packets were found lying in the corner of first open storeroom of the said ‘Dhaba’, which was opposite the kitchen room. The said transparent plastic packets were opened one by one in presence of the independent witnesses and Rewa Thakur, which led to recovery of black colour semi solid sticky paste like substance, believed to be opium. Some of the contents from each packet were tested with the help of drug detection kit available with the NCB team which responded positive for the test of opium. The A. B. A. No. 3078 of 2024 with A. B. A. No. 3079 of 2024 2 recovered materials were seized immediately and upon weighing the same with the digital weighing machine brought by the NCB team, the weight of each packet was found to be 1 K.G (gross). Hence, total 3 K.G (gross) of opium was recovered from the said ‘Dhaba’. Moreover, one blue, white TS 500 digital weighing machine was also found lying in the said room. Upon asking, Rewa Thakur stated that, it was being used for weighing the contraband by them. The said weighing machine was also seized. The NCB team thereafter asked for the key of the ‘Wagon R’ vehicle bearing registration no. JH05Z-0836 parked in the premises of the said ‘Dhaba’, upon which he stated that it was kept in the cash counter and he voluntarily provided the key of cash counter. On search of the cash counter, certain articles were found which were duly seized. The said vehicle was opened with the help of the key found in the cash counter in presence of Rewa Thakur and two independent witnesses. On search of the said vehicle, one similar transparent plastic packet was found in the glove box of the same. The said plastic packet was opened in presence of Rewa Thakur and two independent witnesses which led to recovery of black colour semi solid sticky paste like substance, believed to be opium. Some of the contents of the said packet were tested with the help of drug detection kit available with the NCB team, which responded positive for the test of opium and weight of the same was found 01 K.G (gross). Other articles were also seized from the said car. Hence, the total weight of the recovered packets containing substance believed to be opium, was found to be 4 K.G (gross). Thereafter, notice under Section 67 of the N.D.P.S Act was issued to co-accused Rewa Thakur to appear before the Investigating Officer (I.O) of the case for recording his voluntary statement at around 19:00 Hrs. on 06.07.2023 at Chouparan Police Station, Hazaribagh where his statement was recorded. While getting his voluntary statement A. B. A. No. 3078 of 2024 with A. B. A. No. 3079 of 2024 3 recorded, he admitted his guilt and involvement in the present case i.e. trafficking of 04 K.G of opium. Pursuant to reasonable belief of the committed offence under Section 8(c) read with Sections 18(b) & 25 of the N.D.P.S Act, 1985, co-accused Rewa Thakur was arrested on 06.07.2023 at 23:15 at Chouparan Police Station, Hazaribagh and was later on produced before the Court of the Principal District & Sessions judge, Hazaribagh on 07.07.2023 praying remand of his judicial custody. 3. Learned counsel for the petitioners further submits that so far as the petitioner-Anil Yadav is concerned, he is a farmer and is neither the owner nor the Manager of the said ‘Dhaba’. In fact, the said ‘Dhaba’ was owned by his father, namely, Girdhari Yadav, who had rented out the same to another person to run it. The said petitioner has no concern with the business of the said ‘Dhaba’. In support of the said fact, learned counsel for the petitioners refers to the rent agreement dated 23.06.2023 entered between Girdhari Yadav, the father of the petitioner-Anil Yadav and one Gurujeet Singh (Annexure-2 to A.B.A. No. 3078/2024). It is further submitted that no contraband has been recovered from the possession of the said petitioner. A notice under Section 67 of the N.D.P.S Act was issued to him, to which he replied vide letter dated 20.01.2024 and provided necessary documents in support of his statements. In fact, his name has merely transpired in the confessional statement of co-accused Rewa Thakur. Except the said fact, there is no other cogent material to connect the said petitioner with the alleged offence. 4. Learned counsel for the petitioners further submits that so far as the petitioner-Sanjeet Kumar Yadav is concerned, he is a student and is pursing Bachelor of Arts at R.N.Y.M College, Barhi. He is neither the owner nor the Manager of the said ‘Dhaba’. In fact, he has no concern with the ‘Dhaba’ in A. B. A. No. 3078 of 2024 with A. B. A. No. 3079 of 2024 4 question and on the date of the alleged raid and seizure, he was taking B.A (Hons.) examination being conducted at J. J. College, Jhumritelaiya, Koderma. Moreover, no part of the contraband has been recovered from his possession and he has no concern with the place of seizure of the said contraband. He came to know about the alleged occurrence when he was served a notice under Section 67 of the N.D.P.S Act. He replied the said notice vide letter dated 23.01.2024 and provided necessary documents to substantiate his defence. He has been implicated in this case only on the basis of the alleged confessional statement of co-accused Rewa Thakur. Except the said fact, there is no other cogent material to connect the said petitioner with the alleged offence. Under the said circumstances, both the petitioners may be given the privilege of anticipatory bail. 5. Mr. Anil Kumar, learned A.S.G.I appearing on behalf of the Narcotics Control Bureau, while opposing the submissions made on behalf of the petitioner-Anil Yadav, submits that the anticipatory bail application filed on behalf of the said petitioner is not maintainable as the Court of learned District & Sessions Judge, Hazaribagh has already issued non-bailable warrant against him on 04.03.2024. Since 04 K.G of opium was recovered from the said ‘Dhaba’ which was under the control of the said petitioner and the said quantity of narcotic drugs is commercial in nature, he does not deserve the privilege of anticipatory bail in terms with Section 37 of the N.D.P.S Act. 6. It is further submitted that though three notices under Section 67 of N.D.P.S Act were issued to the petitioner-Anil Yadav to appear before the I.O prior to filing of the complaint, he chose not to appear before the I.O. He has been arrayed as one of the associates indulged in committing offence of trafficking of opium in which 04 K.G quantity of opium has been seized during A. B. A. No. 3078 of 2024 with A. B. A. No. 3079 of 2024 5 investigation. The CDR and CAF report submitted with the main complaint testify his role in the present case. The ‘Dhaba’ from where the contraband was seized was being run by him and his son-Ravindra Kumar Yadav. If at all he was innocent, he should have appeared before the I.O to prove his innocence on earlier three occasions, however, he evaded the investigation. Co-accused Rewa Thakur had identified the photograph of Ravindra Kumar Yadav (the son of the said petitioner) as the main perpetrator along with other accused persons. Hence, the said petitioner may not be given the privilege of anticitptory bail. 7. Learned A.S.G.I while opposing the prayer for anticipatory bail of the petitioner-Sanjeet Kumar Yadav, submits that though three notices under Section 67 of N.D.P.S Act were issued to the accused persons including the petitioner-Sanjeet Kumar Yadav to appear before the I.O prior to filing of the complaint, he deliberately chose not to appear before the I.O. The said petitioner has been arrayed as one of the associates indulged in committing offence of trafficking of opium in which 04 K.G quantity of opium has been seized during investigation. The Call Details Record (CDR) and Customer Acquisition Form (CAF) report submitted with the main complaint testify his role in the present case. The ‘Dhaba’ from where the alleged contraband was seized was being run under the supervision of the said petitioner along with the other accused persons. In response to claim of the said petitioner that he is not involved in the alleged offence, it is submitted that if he is innocent, he should have appeared before the I.O to prove his innocence before filing of the complaint. In fact, the petitioner is the Manager of the said ‘Dhaba’ and therefore his important documents in original i.e. his Aadhar Card, PAN Card, BOI Rupay Card, HDFC Bank VISA Card were recovered from the cash counter of the said ‘Dhaba’. Any person cannot leave such important documents in the A. B. A. No. 3078 of 2024 with A. B. A. No. 3079 of 2024 6 custody of a friend or at any place. The alleged recovery of these important documents from the place of seizure establishes the role of the said petitioner. It is also submitted that the said petitioner has not yet responded to the notice issued to him under Section 67 of the N.D.P.S Act. From the aforesaid facts, it would be evident that the said petitioner in connivance with the apprehended co-accused Rewa Thakur and other accused persons was involved in storing and selling of opium including the seized 04 K.G opium, which is a commercial quantity and in terms with Section 37 of the N.D.P.S Act, the said petitioner may not be granted the privilege of anticipatory bail. 8. It has been held in the case of Union of India Vs. Ajay Kumar Singh reported in 2023 SCC OnLine SC 346 that ‘’it is implicit that no person accused of an offence involving trade in commercial quantity of narcotics is liable to be released on bail unless the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such an offence and that he is not likely to commit any offence while on bail.” 9. Having heard learned counsel for the parties and considering the materials available on record as well as keeping in view the provisions of Section 37 of the N.D.P.S Act and the statements made in the counter affidavits filed on behalf of the NCB in both the cases, a prima-facie case for the alleged Sections of the N.D.P.S Act is made out against both the petitioners and hence I am not inclined to enlarge them on anticipatory bail in connection with N.C.B. Crime No. 04/NCB/Ranchi/2023. 10. Accordingly, the prayer for anticipatory bail of both the above named petitioners is rejected. Satish/- (RAJESH SHANKAR, J) A. B. A. No. 3078 of 2024 with A. B. A. No. 3079 of 2024 7