Back
2024 Supreme(Online)(GAU) 6877
HIGH COURT OF GAUHATI
Malasri Nandi, J
GURVEER SINGH – Appellant
Versus
THE UNION OF INDIA – Respondent
Bail Appln. / 1793 / 2024
MR. A K AHMED, MS. T A AHMED, MRS J DUTTA, M AHMED, MD A ISLAM
Under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty, which was not established in this case.
Headnote:(A) NDPS Act, 1985 - Sections 20(b)(ii)
(C), 29, and 37 - Bail application - Accused-petitioner, owner of a vehicle from which 426.910 kgs of ganja was seized, claimed to have sold the vehicle prior to interception but failed to provide documentation - The court found no reasonable ground to believe the accused was not involved in the trafficking, emphasizing the commercial quantity of the contraband and the absence of evidence supporting the claim of lack of knowledge. (Paras 2, 10, 14)
(B) Bail - Under Section 37 of NDPS Act, bail can only be granted if the court is satisfied there are reasonable grounds for believing the accused is not guilty, which was not established in this case. (Paras 10, 14)
Facts of the case:
The accused-petitioner was implicated in a case involving a large quantity of ganja found in a truck he claimed to have sold prior to the incident. He argued for bail citing prolonged detention and lack of evidence against him.
Findings of Court:
The court found that the petitioner had not substantiated his claim of selling the vehicle and that he was the registered owner at the time of the offence.
Issues: The court addressed whether the accused could be granted bail given the circumstances of ownership and the nature of the contraband.
Ratio Decidendi: The court held that the ownership of the vehicle and the nature of the seized contraband did not provide reasonable grounds to believe the accused was not involved in the offence.
Result: Bail application rejected.
ORDER
10.09.2024 Heard Mr. A. K. Ahmed, learned counsel appearing for the accused petitioner as well as Mr. K. Jain, learned counsel appearing for the NCB.
2. By filing this petition under Section 483 of the BNSS, 2023 the accused-petitioner, namely, Gurveer Singh, has prayed for grant of bail in connection with NDPS Case No. 73/2022 (NCB Crime No. 28/2021), under Section 20(b)(ii)(C)/29 of NDPS Act, pending in the court of learned Additional Session Judge No.5, Kamrup (Metro).
3. The facts leading to this case is that on 06.10.2021 the NCB Guwahati Zonal Unit received an information that two persons namely, Pawan Kumar and Nanu Babo, both residence of Bihar, were coming in a container truck bearing No. NL01AD3773 from Jorabat, Meghalaya and passing through NH 37 near Health City Hospital, Khanapara, Guwahati and would go towards Jalukbari side, carrying huge quantity of ganja in the said truck. Accordingly, NCB, Guwahati unit intercepted the said truck near Health City Hospital and seized 426.910 kgs of ganja from the said truck. Thereafter, the recovered ganja was seized and the aforesaid persons travelling in the truck were arrested.
4. During investigation, it has come to the knowledge that the present accused petitioner is the owner of the seized container truck bearing No. NL01 AD 3773 which was seized with commercial quantity of ganja concealed in roof top above driver’s cabin.
5. The learned counsel for the petitioner has submitted that earlier the petitioner was residing in the State of Nagaland for the purpose of his business. During his stay in Nagaland, he purchased a container truck bearing No. NL01AD3773. As his business suffered due to pandemic arising out of covid 19, he winded up his business in Nagaland and shifted to his home town Rajasthan along with his vehicle. Thereafter, he sold the said vehicle on 22.09.2021 prior to the date of interception of the said truck on 06.10.2021 to one Kuldeep Singh of Hariyana.
6. It is also submitted that the petitioner had no knowledge about the trafficking of ganja in the said vehicle. On 28.10.2021, he received a notice under Section 67(C) of NDPS Act in connection with this case, directing the petitioner to appear before the NCB office on 15.11.2021. Accordingly, the petitioner appeared before the NCB team, Guwahati and he was arrested. According to learned counsel for the petitioner, the petitioner is no longer the registered owner of the said vehicle which he sold to one Kuldeep Singh by executing a sale deed.
7. It is also the submission of the learned counsel for the petitioner that the petitioner has been behind the bar for more than two years. Out of twelve witnesses only two witnesses have been examined by the prosecution side. There seems to be no fault on the part of the present petitioner which caused delay in the trial. As no contraband item was recovered from the possession of the present petitioner, considering the length of detention, the petitioner may be enlarged on bail. Learned counsel for the petitioner has relied on the following case laws.
(i) BA 4526/2023 ( Dildar Hussain vs Union of India )
(ii) Ravi Prakash vs State of Orissa reported in
(iii) Sariful Islam @ Sarif Vs State of West Bengal
(iv) Nitesh Adhikeri vs state of West Bengal
8. In response, Mr. K. Jain, learned counsel appearing for the NCB has submitted that the present petitioner is the registered owner of the seized container truck from which commercial quantity of ganja was recovered. Though the petitioner stated that he sold the said truck to one Kuldeep Singh but he has failed to produce any document that the said truck has been transferred in the name of Kuldeep Singh. According to learned counsel for the NCB, the accused petitioner is the co-conspirator in the trafficking of huge quantity of ganja which was seized by NCB, Guwahati. The accused petitioner also disclosed in his voluntary statement recorded under Section 67 of NDPS Act that he was consciously involved in the trafficking o
