Anil Kumar Singh @ Pintu Singh v. Union of India Through Intelligence Officer, Ncb, Lucknow
2016-08-23
OM PRAKASH VII
body2016
DigiLaw.ai
JUDGMENT 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.