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TMI Blog2022 (4) TMI 1552X X X X Extracts X X X X X X X X Extracts X X X X ..... ver and those in Eco Sport as Virender Tanwar and Sunil Behra with driver. On questioning, they revealed that contraband (Ganja) was concealed in a cavity behind the cabin of the truck. Mayadhar with the help of Achuta Pradhan opened the secret door of the cavity with the help of plier and packets wrapped in brown tape were recovered. Mayadhar and Arjun Pahadi confirmed that Ganja is packed inside the brown packets. The vehicles were thereafter taken to a secured place/NCB Office for security reasons and search proceedings resumed at 0500 hrs. 106 packets were recovered from the cavity, out of which 58 were of big size and 48 were of small size. On examination of each packet, brown colour grass with leaves was found, which on being tested was found positive for Ganja. Each of the big packets was found to contain 5 Kgs. Approx and each of the small packets weighs 2 Kgs. Approx. The total quantity weighed to be 386 Kgs. Further, 58 packets were divided in separate lots of eleven and 48 small packets in two lots. All the packets recovered from the truck were thus divided in 13 lots. Two samples of 25 gms. each was drawn from each lot (after taking small substance from each packet) a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g as Khalasi on Truck No. AP16TB8577 and came to Delhi in the truck. He accepted his involvement in trafficking of Ganja and arrested vide arrest memo dated 25.02.2020. Virender Tanwar disclosed in his statement that he gave money to Mayadhar Behra and Arjun Pahadi to deliver 386 Kgs of Ganja to him in Delhi-NCR. He also accepted his involvement and arrested vide arrest memo dated 25.02.2020. Mayadhar Behra stated that he along with Arjun Pahadi arranged 386 Kgs. of Ganja and came to Delhi to deliver the same to Virender Tanwar. He was arrested vide arrest memo dated 25.02.2020. 4. I have heard the Ld. Counsel for the parties & perused the records of this case. 5. Learned counsel for the petitioner contends: i) That by collecting and mixing the contents of all the recovered packets in lots and drawing samples subsequently, led to losing of the sanctity of the case property in each individual packet. Reliance is further placed on judgments passed by this Court in Amani Fidel Chris v. NCB, decided on 13.03.2020 in Crl. A. 1027/2015, Basant Rai v. State in Crl. A. 909/2005 and Satish v. State of U.P., Bail Application No. 24444/2020 dated 14.10.2020. ii) That the initial secre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilty of such an offence and whether he is likely to commit any offence while on bail. 8. In order to appreciate the contentions raised by the learned counsel for the petitioner, it is important to refer to the observations of the Hon'ble Supreme Court in Madan Lal and Anr. v. State of Himachal Pradesh, (2003) 7 SCC 465, with reference to the concept of possession as occurring in Section 20 to 22 of NDPS Act. 19. Whether there was conscious possession has to be determined with reference to the factual backdrop. The facts which can be culled out from the evidence on record are that all the accused persons were travelling in a vehicle and as noted by the trial court they were known to each other and it has not been explained or shown as to how they travelled together from the same destination in a vehicle which was not a public vehicle. 20. Section 20(b) makes possession of contraband articles an offence. Section 20 appears in Chapter IV of the Act which relates to offences for possession of such articles. It is submitted that in order to make the possession illicit, there must be a conscious possession. 21. It is highlighted that unless the possession was coupled with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ait. 11. It may be noticed that in Amani Fidel Chris v. NCB, decided on 13.03.2020 in Crl. A. 1027/2015, the findings were given at the stage of appeal after the trial had been concluded. The four packets containing suspicious powdery substance were found concealed in a stroller bag and IO without weighing the contents of each individual packet mixed the powder from all the four packets in one polythene bag and then drew the sample. Thus, in aforesaid circumstances, it was held that IO ought to have followed the procedure outlined in para 2.4 of Standing Order 1/89 or 1.7(a) of Standing Order 1/88 by drawing sample in duplicate from each of four packets separately and then sending the sample for testing. Similarly, in Basant Rai v. State (supra), under somewhat similar circumstances accused was found carrying polythene bag containing eight smaller polythene bags having brown colour substance and IO took small pieces of charas from each packet, mixed the same and drew two sample parcels which were sent to FSL for analysis. Further, it may be observed that in Ahmed Hassan Muhammed v. The Customs (supra), the case related to import of certain consignment in which the contraband was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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