Point of Law: Ganja - Power to proceed against other persons appearing to be guilty of offence - Section 319 Cr.P.C. is to be invoked sparingly ensuring that principles of rule of law and the basic tenets of criminal law jurisprudence are not vitiated.

JUDGMENT :

ROBIN PHUKAN, J.

1. Legality, propriety and correctness of order dated 04.08.2021, passed by the learned Special Judge (NDPS), Bomdila in NDPS Case No. 05/2021, under Section 20 (B) of NDPS Act, is challenged in this revision petition filed by Shri Yeshi Tsewang.

2. It is to be mentioned here that vide the impugned order, the learned Court below has held that a prima-facie case against the owner of Hyundai Eon Car-Shri Yeshi Tsewang S/o Late Bom Dorji R/o Liphakpu village, PO/PS Kalaktang, West Kameng District, Arunachal Pradesh is made out and accordingly, invoking the provision of section 319 Cr.P.C. against him, framed charge against under Section 20 (C) of the NDPS, Act.

3. Heard Mr. D. Panging, the learned counsel for the petitioner and also heard Ms. T. Jini, learned Addl. P.P. for the State of Arunachal Pradesh.

4. The factual background, leading to filing of this revision petition, is adumbrated herein-below:

“The petitioner Shri Yeshi Tsewang is a resident of Liphakpu village, under Kalaktang Police Station in West Kameng District. By profession he is a cultivator. In the month of March, 2019 with the help of his cousin brother, namely, Genden Tsering, he had purchased one Hyundai Eon Car bearing Registration No. AS-O1BE-4569 from Dhekiajuli, Tezpur in Assam for his daily use, especially to drop and pick up his children at school at Kalaktang which is located at a distance of about 20 Km from his village. Since the petitioner is not has not acquired the skill of driving, he engaged one person known as ‘Bhaity’ of Kalaktang on temporary basis to drop and pick up his children from Kalaktang, w.e.f. 17.05.2019, but he did not enquire the actual name and address of the said driver. On 11.05.2019, he went to his cultivation field along with his wife and on returning home he found his children already returned from school, but he did not find the car and the driver. Though, he started searching him but failed to find him out. Then on 12.05.2019, one of his relative informed him that his car has been caught by SSB personnel with Cannabis (Ganja) in between Warrangpam-Dengzi road and the vehicle has been seized by police of Kalaktang Police Station. He then went to Kalaktang Police Station and found the vehicle there and came to know that on the night of 11.05.2019, while the SSB personnel stop the vehicle, on the Warangpam-Dengzi road, then the driver fled away to the jungle and they found in the car 6 bags of suspected cannabis weighing around 129 Kgs. Thereafter, Police recorded his statement and subsequently, vehicle was released in his zimma. After the incident, his driver had never returned to his house. He could not contact with him in telephone also.

He also came to know that the SSB personnel, on that night, caught one Tata Sumo Vehicle also with cannabis and apprehended the driver. And in connection with the same, the Kalaktang P.S. Case No. 08/2019, under Section 20 (B) of the NDPS Act has been registered. After investigation, Police submitted Charge-Sheet, No. 07/2020, on 23.01.2020 against the driver of Tata Sumo vehicle, namely, Chaijang Kharma to stand trial in the court under Section 20 (B) of NDPS Act.

The I.O. in the said case cited the petitioner as prosecution witness No. 5. Thereafter, trial commenced before the learned Special Judge, Bomdila and during trial of the case, the prosecution side has examined 4 witnesses, namely, Shri Prakash Gautam, Shri Samiran Das, Shri Lalphiengruol and Shri Chandan Gogoi, all are SSB personnel, and after perusing the deposition, the learned Court below vide order dated 28.04.2021 observed that there is a prima-facie case against the owner of the Hyundai Eon Car and accordingly, issued notice to him and then he challenged the order of the learned Special Judge, Bomdila, dated 28.04.2021, before this Court by filing a Criminal Petition No. 33/2021. Thereafter, vide order dated 09.08.2021, the learned Special Judge, Bomdila by invoking the provision under Section 319 of