Ramesh Sinha, J
1. This is the First bail application iled under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 75/2023 registered at Directorate of Revenue Intelligence, Raipur, District – Raipur (C.G.) for the ofence punishable under Sections 8(C)/20(B)(ii)(c), 25, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (In short, NDPS Act).
2. Case of the prosecution, in brief, is that on 16.10.2023 a secret information was received that approximately 350 to 400 kgs of illegal cannabis is being smuggled by Truck No. CG-04-JB-5535 the information was received to Directorate of Revenue Intelligence Raipur. The suspected route of the truck was from Mumbai-Kolkata Highway to Rajnandgaon via Telibandha, thereafter a committee of 3 members were formed by the Senior Oicer after receiving a written note from Kapil Gour. The 3 members committee consisted of Roshan Kumar Gupta, Praveen Kumar Mishra and Kapil Gour who were the Senior Oicer. After following the due procedure of Law 02 Panch were requested to be present during the proceedings and were taken to Sarona Chowk as independent witnesses. After reaching the Sarona Chowk as independent witnesses. After reaching the Sarona Chowk which is situated between Mumbai-Kolkata Highway the committee Members along with two panch waited fro the said truck. Which was blue in colour with Tirpal. The truck was spotted which was coming form Arang to Rajnandgaon and the oicers stop the truck and questioned the driver Atul Singh Sagarvanshi about the contents inside the truck to which he responded that it contains rice and bhoosa. Further the questioned the driver thoroughly and told him that they have information with regard to the smuggling of illegal cannabis. On which the driver allegedly told them that the cannabis is hidden beneath of bags of Bhoosa. At the very instance the driver removed the Tirpal behind the driver’s cabin then the Oicers marked one of the recovered bags as B-1 and as the Highway was a busy road in order to protect the substance requested the 02 panch (independents witness) to come with them. After reaching the oice a systematic search of the truck was conducted with the help of workers, white colour bags illed with bhoosa were unloaded and behind the driver’s cabin 11 fully illed bags and One half illed bag of bhoosa was found. The Directorate of Revenue Intelligence issued summons to the present applciant as the information received to the as per the RTO was that the vehicle in which the contraband was recovered was registered under the name of the present applicant, and therefore, having a nexus to the smuggling of the contraband. Thereafter, on receiving the summons the present applicant informed that the vehicle has been sold to Atul Singh and that he has paid the amount but has not transferred the registration of the vehicle to his name. The insurance and toll of the vehicle was also registered in the present applicant’s name. On 16.10.2023 Atul Singh Sagarvanshi was caught in the possession of 374.329 kg of contraband Ganja and on the basis of telephonic communication between the present applicant, Govinda Yadav, Pukhraj, Bagira and Atul Singh and Maharaj and other unknown persons which led to the commission of the aforementioned crime, therefore the present applicant has been implicated in the aforesaid ofence. Thereafter, the applicant has been arrested and the crime was registered.
3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. It is further submitted that the prosecution has failed to prove the ofence against the applicant beyong reasonable doubt and that solely on the ground that the alleged vehicle (Truck) was involved in the crime and that the present applicant was the previous owner of the said vehicle, therefore, the applicant has been implicated this case. It is further submitted that the engine of the aforesaid vehicle has been changed, therefore, the vehicle is having a diferent engine number which itself demonstrates that the mala-ide intention of the co-accused and that the applicant was not aware of the contraband Ganja which was being smuggled in the same vehicle that was sold to the co-accused Atul Singh by was of aforementioned sale agreement. The applicant is in jail since 09.04.2024, and the conclusion of the trail shall take quite long time. Therefore, she prays for grant of bail to the applicant.
4. On the other hand, the learned counsel for the respondent No.2/DRI opposes the bail application and submits that a total of 374.329 kg of contraband Ganja has been seized from the possession of the co-accused, namely, Atul Singh which is much above the commercial quantity, and present applicant was the owner of the said vehicle through which the contraband article was being transported. It is further submitted that the bail application of the co-accused namely, Atul Singh Sagarvanshi has been rejected by this Court vide order dated 14.02.2024 passed in MCRC No.949/2024. It is further submitted that the charge-sheet has been filed in this case. Hence, his bail application is liable to be rejected.
5. I have heard learned counsel for the parties and perused the material available on record.
6. Taking into consideration the facts and circumstances of the case, and the fact that a total of 374.329 kg of contraband Ganja has been seized from the possession of the co-accused, namely, Atul Singh which is much above the commercial quantity, and present applicant was the owner of the said vehicle through which the contraband article was being transported, further the fact that the bail application of the co-accused namely, Atul Singh Sagarvanshi has been rejected by this Court vide order dated 14.02.2024 passed in MCRC No.949/2024 and the charge-sheet has been filed in this case, the bail application of applicant – Dharampreet Singh involved in Crime No. 75/2023 registered at Directorate of Revenue Intelligence, Raipur, District – Raipur (C.G.) for the ofence punishable under Sections 8(C)/20(B)(ii)(c), 25, 27-A and 29 of the NDPS Act, is rejected at this stage.
7. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously within a period of six months from the date of passing of certiied copy of this order, if there is no legal impediment.
8. The Office is directed to provide a certiied copy of this order to the trial Court for necessary information and compliance forthwith.
