NIRANJAN KUMAR SINGH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Both the bail applications are heard and decided together by this common order as they are arising out of the same crime number and incident.

(2.) These are the first bail applications filed under RK Vs. Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants, who have been arrested in connection with Crime No.33/2020, registered at Police Station - DRI, District - Raipur (C.G.) for the offence punishable under RK Vs. Sec. 8 (c), 20 (b) (ii) (c), 27-A and 29 of N.D.P.S. Act.

(3.) It is submitted by the learned counsel appearing on behalf of the applicant (in M.Cr.C. No. 836 of 2021) that the applicant has been falsely implicated in this case. This applicant is resident of Raigarh, who is Dhaba owner and also has a garage for repair and body building of the trucks. It is not denied that this applicant had prepared secret chambers in the truck of the co-accused persons on their request, regarding which, he had doubts and on his asking it was replied that these chambers are being prepared to carry food articles as the vehicles have to go on long run. The statement of the applicant - Niranjan Kumar Singh recorded by the investigation officer is not admissible in evidence in trial. Reliance has been placed on the judgment of Tofan Singh Vs. State of Tamil Nadu, reported in (2013) 16 SCC 31. The applicant was not present on the spot, when the truck of the co-accused persons were seized and the contraband was recovered. Therefore, he has no connection with the case concerned and he has neither abetted nor conspired for such commission of offences. Therefore, it is prayed that the applicant may be enlarged on regular bail.