[NDPS case] Allahabad High Court grants bail to man accused of smuggling 628 kg Ganja

The Allahabad High Court recently granted bail to a man accused of smuggling 628.28 kilograms of Ganja (Rajveer Singh v. Union of India)..Single-Judge Justice Chandra Dhari Singh granted bail to one Rajveer Singh booked under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).While granting bail to the applicant, the Court noted that neither was the applicant named in the First Information Report (FIR) nor was any recovery of contraband made from him.Additionally, the Court observed that the case against the applicant was only on the basis of confessional statements of the co-accused recorded under Section 67 of the NDPS Act and no other substantial evidence was put forward to prove the accusations..By way of background, a team of the officers of Directorate of Revenue Intelligence was constituted after receiving special information about a truck loaded with narcotic substances that was coming from Orissa through Jhansi, Orai, Kanpur, Lucknow and was going to Aligarh. It was intercepted and the two persons in the truck were apprehended. They initially feigned ignorance regarding the contents of contraband in the truck but thereafter upon being questioned they informed the search party that there was Ganja in the truck.Upon searching the truck, a special cavity was found in the truck from where about a total of 628.28 Kg of Ganja was recovered.The present applicant's name came to light after confessional statements were made by the two apprehended persons. Later, the applicant also confessed in his statement given under Section 67 of NDPS Act that he purchased the seized contraband using his own money..The Court took note of the fact that the applicant-accused was not named in the FIR nor was he present on spot. Further, no recovery was made from the accused-applicant.His name came to light based on the confessional statements of co-accused Rakesh and Veerpal recorded under section 67 of the NDPS Act stating that they were transporting the seized ganja to Aligarh on the instructions of the accused applicant, the Court noted.Further, the NCB had also relied upon the statement of applicant himself Section 67 of NDPS Act. But the Court said that law laid down by Supreme Court would come to the aid of the accused. In Tofan Singh it was held that "a confessional statement made before an officer designated under Section 42 orSection 53 can be the basis to convict a person under the NDPS Act, without any non obstante clause doing away with Section 25 of the Evidence Act, and without any safeguards, would be a direct infringement of the constitutional guarantees contained in Articles 14, 20 (3) and 21 of the Constitution of India."Thus, the High Court held that the complicity of the applicant will have to be determined based on the quality of evidence led during trial. "As far as the self inculpatory statement relied upon, this Court is prima facie of the opinion that the ratio as laid down in Tofan Singh's case would come to the aid of the applicant to allow him the benefit of regular bail," the Court stated..The Court further noted that though the co-accused stated that the truck seized belonged to the applicant, the prosecution failed to bring on record any documentary evidence to establish the ownership of the applicant-accused in respect of the seized vehicle.Lastly, while granting bail to the applicant, the Court said that there are "reasonable grounds in terms of Section 37 of NDPS Act to believe that the applicant accused is not guilty of an offence and he is not likely to commit any offence while on bail. I find it is a fit case for grant of bail to the applicant.".Advocates Anil Kumar Sharma, Abhishek Singh Pawar, Alok Yadav, Ashwani Kumar Singh Ratho, Kunwar Sushant Prakash and V.K. Pandey appeared for the applicant. Advocate Digvijay Nath Dubey appeared for the respondent..Recently, the Allahabad High Court had granted bail to an accused booked under NDPS Act after 349 Kg of ganja was allegedly recovered from him.It had also granted bail to an accused from whom 21 Kg of charas was allegedly recovered..[Read Judgment]