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2020 Supreme(Guj) 26
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SONIA GOKANI, J.
Sanjiv Rajendra Bhatt – Appellant
Versus
State of Gujarat – Respondent
Criminal Misc. Application No. 22998 of 2019
Decided On : 31-01-2020
Advocate Appeared:
For the Appellant : Mr. Saurin A. Shah.
For the Respondent: Mr. Mitesh Amin.
Point of law:
Limitations under Section 37 of the NDPS Act on granting bail are in relation to the time-limit given under the Code or any other law for the time being in force for granting bail.
Headnote:
Indian Penal Code, 1860 – Sections 120-B, 119, 116, 167, 182, 193, 195, 199, 200, 211 and 353 – Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 17, 58(2), 59(1) (b) – District Control Room, Palanpur, received an information that one accused is doing the business of opium and has brought 5 kgs. of opium and is staying at Hotel and the delivery of the opium is to be given. Aforesaid information was reduced into writing in the register and the investigation of the same was handed over to PI, Local Crime Branch. Thereafter, on the basis of the said information, they carried out raid and seized about 1.15 kgs. of opium from Room No. 305 of Hotel, which was booked in the name of the accused. However, when the raid was carried out, he was not found present in Room No. 360. Then, a detailed panchnama was drawn of the seizure of opium. Held – Appearing for the applicant has urged that an application for revision has been made by the present applicant, and therefore, the directions for speedy trial, should be subject to the outcome of the same, as, otherwise, it would jeopardize the rights of the applicant. The right of the both the sides, to pursue the legal remedies available to them under the law, is, though, kept open, the same cannot be at the cost of questioning the very credibility and functionality of the criminal justice system – Application disposed of. (Paras 7.14 and 7.14.1)
Facts of the Case:
District Control Room, Palanpur, received an information that one accused is doing the business of opium and has brought 5 kgs. of opium and is staying at Hotel and the delivery of the opium is to be given. They carried out raid and seized about 1.15 kgs. of opium from Room No. 305 of Hotel, which was booked in the name of the accused.
Finding of the Court:
The right of the both the sides, to pursue the legal remedies available to them under the law, is, though, kept open, the same cannot be at the cost of questioning the very credibility and functionality of the criminal justice system.
Result: Application disposed of.
JUDGMENT :
SONIA GOKANI, J.
1. This is a successive application by the applicant-original accused No. 2, seeking regular bail in connection with the offence, registered as Prohibition C.R. No. 216 of 1996 with Palanpur City Police Station, under Sections 120-B, 119, 116, 167, 182, 193, 195, 199, 200, 211, 353 of the Indian Penal Code, 1860, and Sections 17, 58(2), 59(1) (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in brief ‘NDPS Act’ which culminated into Special NDPS Case No. 3 of 2018, pending before the Court of the learned Special Judge, Banaskantha at Palanpur.
2. The facts in capsulized form are as under:
2.1 On 30.04.1996, at about 06:10 a.m. the District Control Room, Palanpur, received an information that one Mr. Sumer Singh Rajpurohit is doing the business of opium and has brought 5 kgs. of opium and is staying at Lajwanti Hotel, Palanpur, and the delivery of the opium is to be given in Palanpur. Aforesaid information was reduced into writing in the register vide Entry No. 360 and the investigation of the same was handed over to one Mr. I.B. Vyas, PI, Local Crime Branch, LCB (LCB in short). Thereafter, on the basis of the said information, Mr. Vyas carried out raid and seized about 1.15 kgs. of opium from Room No. 305 of Lajwanti Hotel, which was booked in the name of one Mr. Sumer Singh Rajpurohit. However, when the raid was carried out, he was not found present in Room No. 360. Then, a detailed panchnama was drawn of the seizure of opium.
2.2 Based on the seizure of the opium, the FIR being I-C.R. No. 216 of 1996, came to be lodged with the Palanpur City Police Station, for the offence under Section 17 of the NDPS Act by Mr. Vyas, PI, LCB. Pursuant thereto, a report, as required under the NDPS Act, also came to be forwarded to the DSP, Palanpur, by Mr. Vyas. Mr. Vyas, PI, LCB, also recorded the statements of several persons.
2.3 On the next day, i.e. on 01.05.1996, out of the muddamal seized by the police, a sample was drawn and sealed in the presence of the panchas and the same was sent to FSL on 02.05.1996. Further, the statements of several persons were also recorded on the very day. On 03.05.1996, a team of Police Officers, lead by Mr. Vyas, PI, LCB, reached Pali and brought Mr. Sumer Singh Rajpurohit to Palanpur for investigation in connection with I-C.R. No. 216 of 1996, after giving due intimation to the Kotwali Policel Station, Pali. However, since, two witnesses, namely Mr. Shantilal Ramchandra Gupta and Mr. Manubhai Kanjibhai Kodarvi, who could have identified the accused, were not present in town, Mr. Vyas arrested the accused Mr. Sumer Singh Rajpurohit.
2.4 On 04.05.1996, the accused-Mr. Sumer Singh Rajpurohit was produced before the learned Chief Judicial Magistrate, Palanpur, where, his remand was sought, which came to be opposed by the accused by filing a written reply. However, on hearing both the sides, the learned Chief Judicial Magistrate granted the remand of the accused upto 10.05.1996, 03:30 p.m. On 05.05.1996, since, both the witnesses, namely Mr. Shantilal Ramchand Gupta and Mr. Manubhai Kanjibhai Kodarvi returned to Palanpur, an application was given to the learned Executive Magistrate to carry out Test Identification Parade. Accordingly, on 06.05.1996, the Test Identification Parade was carried out, in the presence of panchas, where, both the witnesses failed to identify Mr. Sumer Singh Rajpurohit, as the person, who had stayed in Lajwanti Hotel at Palanpur, on 30.04.1996.
2.5 In wake of the aforesaid development, on 06.05.1996, Mr. Vyas, PI, LCB, after recording the statements of both the witnesses, namely Mr. Shantilal Ramchand Gupta and Mr. Maubhai Kanjibhai Kodarvi, thought it fit not to continue further custody of Mr. Sumer Singh Rajpurohit and therefore, on the very day, produced him before the Court of the learned Special Judge, Palanpur, immediately and submitted a report under Section 169 of the Code, whereby, the prayer was sought to release Mr. Sumer Singh Rajpurohit
