RANJAN KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.206/2022 registered at Police Station Urla, District Raipur for offence under Sec. 20 (c) of the NDPS Act.

(2.) Prosecution case is that on the basis of secret information that the accused persons were illegally transporting contraband Ganja in a truck bearing registration No.OR-04/H-0865 for sale from bordering State of Odisha to Nagpur, (Maharashtra), through Chhattisgarh, the said fact was recorded at daily diary Entry No.17 and in compliance of Sec. 42 of the NDPS Act, information has been sent to the CSP, Urla. The vehicle was intercepted and the present applicants were apprehended. Applicant Ranjan Kumar Sahu is the driver whereas other co-accused is the conductor of the said vehicle. As per the procedure, a search has been made in the alleged truck and 16 plastic bags of contraband Ganja totalling 4.80 quintals amounting to Rs.24.00 lakhs was seized from the joint possession of the present applicant. Samples were obtained and the same were sent to the FSL. It has been confirmed that the said samples were Ganja. The applicants also confessed that the said Ganja was being transported, as the same was handed over to them by Ranjan Babu, truck owner and mobile number of the said person was also given. During investigation, it was found that the vehicle belongs to one M. Tirupati Patre, to whom the earlier owner namely, Sharmishtha Zena has sold the vehicle. Based on such allegations, offence has been registered.

(3.) Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated. Though investigation is complete and charge sheet has also been filed in the month of November, 2022, however, charges have not been framed so far and, therefore, there is huge delay in trial. Placing reliance on the judgment of the Hon'ble Supreme Court in the matter of Mohd. Muslim @ Hussain Vs. State (NCT of DELHI) {2023 SCC OnLine SC 352}, it is submitted that the right to speedy trial of offenders facing criminal charges is implicit in the broad sweep and content of Article 21 of the Constitution. She further submits that compliance of Ss. 42 and 55 of the NDPS Act has also not been made inasmuch as the Investigating Officer, at the time of seizure, has only affixed the seal of the concerned Police Station, though as per the provisions of the said Sec. , personal seal of the officer concerned was required mandatorily.