2015 (4) TMI 1215 - HC - Indian Laws

Bail application - smuggling - Charas and Ganja - case of appellant is that since the owner of the goods appellant No. 1 Lavekesh Singh has already been released on bail, therefore, the case of the appellant No. 2 is also at par with the appellant No. 1 and he is also entitled to be released on bail - Held that - no railway officer has been arrayed as accused in the present proceedings, who were present at the time of loading of Leased Wagon at Muzaffarpur Railway Station and in whose presence the goods were loaded and the wagon was sealed. This creates a doubt as to whether the appellant No. 2 kept the narcotics drugs and substances in the wagon along with other articles or someone else loaded the same in connivance with the railway authorities - There is also no evidence to the effect that the appellant No. 2 had any previous criminal antecedent, so as to create an apprehension that he will again indulge into similar offences - the appellant No. 2 Pawan Kumar has made out a case for bail - bail application allowed - decided in favor of applicant.

Summary

Issues:
Conviction under Section 20(b)(II)(c) of Narcotic Drugs and Psychotropic Substances Act, Bail Application under Section 37 of NDPS Act.

Conviction under Section 20(b)(II)(c) of NDPS Act:
The judgment pertains to the conviction of two appellants under Section 20(b)(II)(c) of the Narcotic Drugs and Psychotropic Substances Act. The appellants were found with a significant amount of Ganja and Charas in a leased wagon at Lucknow Railway Station. The appellant No. 2 argued that he was merely a representative of the owner and was not present during the alleged occurrence. The defense highlighted that the goods were loaded in the presence of witnesses at Muzaffarpur Railway Station without any incidents during transit. However, the prosecution contended that the appellant No. 2, as the representative, was responsible for the loading of goods and opposed bail, citing Section 37 of the NDPS Act which imposes restrictions on bail for offenses under the Act.

Bail Application under Section 37 of NDPS Act:
The Union of India opposed the bail application for the appellant No. 2, emphasizing that the satisfaction required under Section 37 of the NDPS Act for granting bail must be based on reasonable grounds. The prosecution argued that there was no substantial probable cause to believe that the appellant No. 2 was not guilty of the offense. However, the court noted discrepancies in the evidence, such as the unloading of fewer packets at Lucknow compared to Delhi and the absence of railway officers as accused in the proceedings. The court concluded that the appellant No. 2 had made out a case for bail based on the lack of evidence linking him to the alleged offense and granted bail subject to certain conditions.

In conclusion, the judgment addressed the conviction under the NDPS Act and the bail application under Section 37 of the Act. It analyzed the arguments presented by both parties regarding the involvement of the appellants in the offense and the grounds for granting bail. The court ultimately granted bail to the appellant No. 2 based on the lack of substantial evidence linking him to the crime and the conditions specified under the NDPS Act for bail applications.