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2016 Supreme(All) 2753
ALLAHABAD HIGH COURT
Om Prakash-VII, J.
Anil Kumar Singh @ Pintu Singh - Appellant
Versus
Union of India Through Intelligence Officer, Ncb, Lucknow - Respondent
Criminal Misc. Bail Application No. - 28717 of 2016
Decided On : 23-08-2016
For the Petitioner: Sanjeev Kumar Tyagi
For the Respondent: Sanjay Kumar Singh
The court's decision was influenced by the interpretation of the provisions of Section 27-A and Section 37 of the N.D.P.S. Act, which allowed for the consideration of the co-accused's statement as evidence and the assessment of the applicant's involvement based on the recovered contraband.
Headnote:
N.D.P.S. Act - Bail Application - Involvement of Applicant under Section 27-A - Recovery of Ganja
Fact of the Case:
The applicant was implicated in a case involving the recovery of 201.4 kg of 'Ganja' based on the statement of co-accused, but was not arrested on the spot.
Finding of the Court:
The court found that the statement of the co-accused regarding the complicity of the applicant under Section 27-A of the N.D.P.S. Act could be considered as evidence, and the recovery of contraband from the applicant indicated his involvement.
Issues: The main issue was whether the applicant's involvement under Section 27-A of the N.D.P.S. Act could be established based on the statement of the co-accused and the recovery of contraband from the applicant.
Ratio Decidendi: The court relied on the specific provisions of Section 27-A and Section 37 of the N.D.P.S. Act to determine the applicant's eligibility for bail, considering the nature of the offense and the evidence presented.
Final Decision: The bail application of the applicant was rejected based on the court's finding of his involvement under Section 27-A of the N.D.P.S. Act and the lack of grounds for bail.
Om Prakash-VII,J.
Heard learned counsel for the applicant and Sri Sanjay Kumar Singh, learned Advocate who appeared for the Union of India.
Submission of learned counsel for the applicant is that recovery of 201.4 kg. "Ganja" is shown in the present matter from the co-accused persons. Applicant was not arrested on the spot. He has been immplicated in this case only on the basis of statement of the co-accused. Referring to the statement made by the co-accused learned counsel appearing for the applicant argued that case of the applicant does not come under the purview of Section 27 A of the N.D.P.S. Act. There is no direct evidence against the applicant. Statement of the co-accused is not sufficient to involve the applicant in the present matter. Since nothing is recovered from the possession of the applicant, bar created under Section 37 of the N.D.P.S. Act will not be applied against the applicant.
Learned counsel appearing for the Union of India argued that a clear version has been made by the co-accused regarding involvement of the applicant in the present matter under Section 27A of the N.D.P.S. Act. Accused involved for the offence under Section 27-A of the N.D.P.S. Act could only be enlarged on bail if the court is satisfied with the provisions of Section 37 (1) (b) (ii) of N.D.P.S. Act. In the present matter statement of the co-accused regarding complicity of the present applicant can be read in evidence. Recovered contraband have been taken by the accused persons from the present applicant. At this stage learned counsel appearing for the Union of India placed reliance on the following case laws :
1. 2003 (47) ACC 1151 (M. Prabhulal Vs. The Assistant Director, Directorate of Revenue Intelligence).
2. AIR 2008 SC 1044 (Kanhaiyalal Vs. Union of India).
In this matter there is statement of the co-accused that they had obtained recovered contraband from the applicant for supply. Recovery is of 201.4 kg of "Ganja". The role assigned to the applicant clearly comes under the definition of Section 27-A of the N.D.P.S. Act.
Considering the specific provisions provided under Section 37 of the N.D.P.S. Act and in the facts and circumstances of the case, no ground is made out to enlarge the applicant on bail.
The Bail application is hereby rejected.
