UNION OF INDIA Vs. JAGDISH SINGH

JUDGEMENT

(1.) All these applications are filed by the Union of India seeking cancellation of bail granted to accused Nos. 1 to 6 by the learned Special Judge by different orders.

(2.) According to the prosecution on the basis of specific information received, the officers of the Narcotics Central Bureau, Mumbai Zonal Unit, Mumbai intercepted accused No. 1 - Jagdish Singh, accused No. 2 - Harvinder Singh and accused No. 3 - Harjinder Ram near the Oberoi Mall, Goregaon (East), Mumbai when they arrived there in Toyota Innova car bearing registration No. PB-10-CJ-2414. They delivered the contraband to taxi driver - Veer Bahadur Singh, who is accused No. 4 The taxi driver had come by taxi No. MH-01-X-5483 for taking delivery of the contraband. On interception 25 kgs. of Methamphetamine was recovered. After completing the formalities it was seized, samples were taken. The statements of accused Nos. 1 to 4 were recorded under Section 67 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short hereinafter referred as "NDPS Act") on 9th June, 2009. It was revealed that accused Nos. 1 to 3 had brought the said contraband from Punjab by car and it was to be delivered to accused No. 5 - Anil Kumar Menon. Accused No. 4, taxi driver - Veer Bahadur Singh had come near the Oberoi Mall to receive that consignment for and on behalf of accused No. 5 - Anil Kumar Menon. During interrogation, in the statements of accused No. 4 - Veer Bahadur Singh it was revealed that accused No. 5 - Anil Menon and accused No. 6 -G. Samuel @ Anna use to provide strategic and logistic support for export of the drugs to Cambodia. The statements of accused No. 6 - G. Samuel @ Anna was also recorded under Section 67 and he also confirmed this fact. Initially, the crime was registered bearing No. NCB/BZU/CR/09/2009. The samples were sent to forensic laboratory and after getting the report it was confirmed that the samples were Methamphetamine. The complaint was filed in the court of Special Judge, Mumbai on 4th December, 2009 and it came to be registered as NDPS Special Case No. 152 of 2009.

(3.) First of all, accused No. 1 - Jagdish Singh filed bail application No. 237 of 2009 which was rejected by learned Special Judge as per the order dated 16th November, 2009. Thereafter, he filed another application for bail relying on certain authorities of this Court as well as from different High courts and Supreme Court. His main contention was that even though Methamphetamine is shown as psychotropic substance in schedule to the NDPS Act, it was not shown in schedule I to the NDPS Rules and, therefore, possession or transportation of Methamphetamine could not be an offence. After hearing the parties the learned Special Judge granted bail to him by the order dated 3.3.2010. That order is sought to be set aside and cancelled by the Union of India. It may be noted that initially this Court had granted stay to implementation of the bail order. That order was challenged before the Supreme Court and the Supreme Court allowed the appeal and set aside the order of stay passed by this Court while the application for cancellation of bail continues to be pending before this Court. After accused No. 1 - Jagdish Singh was granted bail, accused Nos. 2 to 6 also filed different applications for bail before the learned Special Judge who by orders dated 12.10.2010 granted bail to each of them. The Union of India has challenged those orders and seeks cancellation of bail.