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KULDEEP MATHUR
Panna Ram – Appellant
Versus
Central Narcotics Bureau – Respondent
ORDER :
Mr. Kuldeep Mathur, J. - Corrected on 01.05.2024
These applications for regular bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.02/2021, registered at Police Station CBN, Neemuch, for offences under Sections 8/15 and 25 of the NDPS Act.
2. Heard learned counsel for the petitioners and learned Spl. Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners submitted that recovery of contraband (poppy husk/straw) weighing 2939.800 kgs. was made by a team of CNB from a truck bearing registration No. RJ- 19-GC-2999. Learned counsel submitted that as per prosecution, at the time when above mentioned truck was intercepted by a team of CNB, the petitioner-Panna Ram was found sitting on the wheel of the offending vehicle whereas the petitioner-Dhannaram was sitting besides him. The petitioner-Devendra Kumar Siyag is the registered owner of the offending vehicle and it is alleged that the contraband was loaded in the vehicle under his instructions.
4. Learned counsel submitted that the sampling procedure undertaken in the present case by the Seizure Officer was not in conformity
The court ruled that the conditions for bail under Section 37 of the NDPS Act were not satisfied due to the serious nature of the offences and the substantial quantity of contraband involved.
Doctrine of beyond reasonable doubt is applicable in criminal matters.
Compliance with Section 52-A of the NDPS Act is essential for evidence validity; prolonged judicial custody without trial examination raises constitutional concerns, allowing bail despite stringent N....
The court emphasized that the seriousness of the offence and the quantity of contraband are critical in bail considerations, and procedural violations do not automatically warrant bail.
Point of law: It cannot be ascertained beyond reasonable doubt that the other bags also contained contraband on the basis of presumption.
The court ruled that the petitioners were not in conscious possession of contraband and satisfied the conditions for bail under the NDPS Act.
The court emphasized that proper sampling procedures must be followed in drug cases, and long incarceration can justify bail despite stringent conditions under the NDPS Act.
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