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2017 DIGILAW 853 (JHR)

Parmanad Vishwakarma v. State Of Jharkhand

2017-05-11

RAJESH SHANKAR

body2017
JUDGMENT Rajesh Shankar, J. – Heard the learned counsel for the parties. 2. The petitioner is apprehending his arrest in connection with NCB Crime No. 04/NCB/Ranchi/2015 (02/2015-16), arising out of NDPS Case No. 17 of 2015, for the offence punishable under Sections 8/18(b) of the NDPS Act, pending in the court of the learned Special Judge-cum-Judicial Commissioner, Ranchi. 3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. It is alleged that on secret information received by a team of Narcotics Control Bureau (NCB), a surveillance was made near Maner Dhaba, Kathal More, Ranchi at about 22.15 hours on 06.10.2015. After sometime, one Mahindra Bolero SLX vehicle bearing registration no. BR02P8577 was seen coming towards the said place. The said vehicle was stopped and one person was found sitting in the vehicle. Thereafter, the NCB team immediately surrounded the said vehicle and asked the person to come out of the vehicle at 22.30 hours. The said person disclosed his identity as one Manga Singh, son of Sada Ram, resident of Village Saharan Majra, P.S.Malour, District Ludhiyana, Punjab. After explaining the provisions of Section 50 of t he NDPS Act, 1985 to said Manga Singh, his personal search was made. Thereafter, on search of the said vehicle bearing registration no. BR02P8577, one yellow plastic bag was found in sealed condition. After opening the plastic bag, some blackish brown coloured viscous and sticky substance was found and on being tested on the spot with the kit available with the NCB team, a positive result for "opium" was obtained. The weight of the said opium was found to be 3 kg. Said Manga Singh tendered his voluntary statement under Section 67 of the NDPS Act, 1985 on the next date i.e., on 07.10.2015 at NCB office at Ranchi wherein he admitted his involvement in trafficking of raw opium. Said Manga Singh also made voluntary statement that he used to transport the opium under the instruction of the petitioner for which the said vehicle of the petitioner was being used. 4. The learned counsel for the petitioner further submits that the present case has been concocted by the NCB and the petitioner is not at all involved in trafficking of narcotic substances as has been alleged. 4. The learned counsel for the petitioner further submits that the present case has been concocted by the NCB and the petitioner is not at all involved in trafficking of narcotic substances as has been alleged. It is also submitted that the said Bolero vehicle which is said to have been apprehended by a team of NCB was looted from the house of the petitioner on 06.10.2015 at about 17.00 hours in which some of the officers of NCB including one Amarjeet Singh (who is said to be spy of NCB) were also involved. The mother of the petitioner also lodged an F.I.R. to that effect at 19.30 hours at Barachatti Police Station (Bihar) which was registered as Barachatti P.S. Case No. 448 of 2015. It is also submitted by the learned counsel for the petitioner that since the said vehicle was already looted at 17.00 hours at Barachatti, the petitioner cannot be held responsible for the recovery which was allegedly made from the said vehicle by a team of NCB. The petitioner has no criminal antecedent and, therefore, he may be given the privilege of anticipatory bail. 5. The learned A.P.P. as well as the learned Spl.P.P., NCB while opposing the petitioner''s prayer for bail submit that the petitioner has manufactured the story that his vehicle was looted at Barachatti just to save himself from being implicated in this case. Co-accused Manga Singh while tendering his voluntary statement under Section 67 of the NDPS Act, 1985 has clearly stated that he used to transport the opium under the instruction of the petitioner for which the said vehicle of the petitioner was being used. There is recovery of 3 kg. of opium from Bolero SLX vehicle bearing registration no. BR02P8577, which belongs to the petitioner and, therefore, he may not be given the privilege of anticipatory bail. 6. Considering the fact that the Bolero SLX vehicle bearing registration no. BR02P8577 in which 3 kg. of opium has allegedly been recovered by a team of NCB belongs to the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail and, hence, the anticipatory bail application of the petitioner is hereby dismissed.