FARID ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By an order dt. 22/4/1993 the learned Judge in charge, Special Court, Alipore has rejected the petitioner Md. Farid AliTs application for bail in N.C.B.F. No. 104/N.C.B/Cal/92 dt. 25/8/1992 under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Hence the petitioner has filed this application under section 439 of the Code of Criminal Procedure, 1973 for bail. It is alleged that on 25.8.992, acting on specific information, a batch of officers from the Narcotic Control Bureau, Eastern Zonal Unit, Calcutta went to Sealdah Railway Station at about 11.00 hrs. At about 17.00 hrs. on being identified by an informer, the said officers intercepted the petitioner and one Safikul slam near the ticket counter of Sealdah Rly. Station when they were about to purchase tickets for going to Lalgola in the District of Murshidabad. It was alleged that on preliminary search on the spot in presence of two witnesses, two polythene packets containing brown colored powder substance believed to be Heroin weighing 850 grams were found from inside the pouch (hand held) of the petitioner. Thereafter the petitioner and the said Safikul Islam were taken to Narcotic Control Bureau Office at 4/2, Karaya Road. Calcutta and the recovered brown powder substance was tested there which tested positive to be heroin. On being asked, the petitioner could not give any satisfactory explanations reading the possession of the same. Thereafter the brown - powder substance was seized under a seizure memo duly signed by the petitioner, two witnesses and the officer who conducted the search. It is further alleged that the petitioner disclosed that he procured the seized Heroin from one Ramesh Singh of Asansol. The petitioner was arrested and he along with the said Safikul Islam, Ramesh Singh and one Ramesh Verma were produced before the Learned Chief Judicial Magistrate. Alipore on 27.8.1992 and they were remanded to Jail custody. Subsequently the case was transferred to the Special Judge. On 14.12.1992, the petitioner in jail custody was served with a detention order under section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 along with grounds for detention issued by the Joint Secretary to the Govt. of India on 11.12.1992. The grounds for detention are identical with the allegation made in the complaint filed by the Narcotic Bureau (Case No. P.R. 96/92). Thereafter the case of the petitioner was placed before the Advisory Board and the report of the Board was placed before the Central Government. By an order dt. 2.3 .1993 issued by the Govt. of India, Ministry of Finance, Department of Revenue, the Central Govt. in exercise of powers conferred under section 9 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1983 revoked the detention order of the petitioner and directed that he be released forthwith. Inspite of the aforesaid order directing release of the petitioner, he was not granted bail by the Learned Special Judge. Hence the petitioner has filed this application for bail on the ground that the Learned Special Judge, has acted in contrary to law by not releasing the petitioner on bail when the Advisory Board as well as the Central Govt. after considering the materials on record opined that there was no sufficient - cause for his detention and that the Learned Special Judge has completely over-looked the provision of sec. 37 of the N.D.P.S. Act which contemplates that a person accused of an offence punishable for a term of imprisonment of 5 years or more under this Act shall be released on bail if the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence. No other point of law is canvassed in the petition for bail.

(2.) By an order dated 5th May, 1993 the Learned Sessions Judge, Hooghly rejected the petitioner Ramesh Mahatos application for bail in connection with N.D.P.S. Case No. 12/93, now pending before the Court of the learned Sessions, Judge, Hooghly arising out of Polba Police Station Case No. 23 dt. 25.2.1993 under sections 20/29/ 30 of the N.D.P.S. Act. It is alleged that on 24.2.1993 at about 17.30 hrs. the de facto complainant Nitendra Nath Bhattacharjee, Sub - Inspector of Police attached to Narcotic Cells, C.D.S., C.I.D., West Bengal received an information that ganja was being carried in huge quantity by bus which was likely toT start from Giridi (Bihar) in the evening and reach Grand Trunk Road near Mogra late in the morning. The defacto complainant along with force reached the check post on G.T. Road near Mogra at 5.05 hrs. and waited for the bus. At about 10.55 hrs. the bus of Bihar State Road Transport Corporation bearing Registration No. B.P.C. 9269 came there and the de facto complainant along with force raided the bus. During raid a chocolate colored polythene suitcase was found from the possession of the petitioner wherefrom 11 kgs. 800 grams of ganja was recovered and a steel box was recovered from the possession of two other persons viz. Pannalal Shaw and Bhagabati Shaw whereupon 17 kgs. 700 grams of ganja was recovered. The driver of the said bus could not produce any document concerning the vehicle save and except his driving licence and it was within his knowledge that ganja was being carried on the said bus. The de facto complainant seized the bus along with the aforesaid articles and arrested the aforementioned persons. The petitioner has stated that he is innocent and he has been falsely implicated in this case by the police officers in order to save actual offenders and that he had no knowledge about the alleged suit case which was kept below the seat on which he was traveling. The petitioners prayer for bail was turned down by the learned Sessions Judge, on the last occasion on 5th May 1993. No specific point of law has been canvassed in the petition for bail before this Court.

(3.) By the Judgment and order dt. 15th June 1993, the learned Additional Sessions Judge, 9th Court, Alipore in Case No. S.T. 49 1/93 convicted the petitioner - appellant Lalit Halder under Section 21 of the N.D.P.S. Act and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh, in default to suffer rigorous imprisonment for a period of 5 years. The facts of this case in brief are that on 27th May 1989 one police officer attached to Lake Police Station, Calcutta accompanied by another Sub - Inspector of Police and force, on the basis of a secret information, had been to Panchanantola Road, Calcutta and kept watch over the place which is in front of premises No. 22, Panchanantola Road and after prolonged watch the officer found that a person was moving suspiciously and as the said person was running away, the officer chased him and apprehended him and being asked the person disclosed, his identity as Lalit Halder Lalu residing at premises No. 10/3, Panchanantola Lane, Calcutta - 29. The body of that person was searched and upon search one match box, trade mark Ship, carbonised containing small paper packets filled up with Heroin like substance was found and the said match box wrapped up with his wearing lungi on his waist. There was no match - stick in the match - box. The officer arrested the person at about 21.25 hrs, and seized the said articles. Upon due investigation, that person viz. Lalit Halder was charge - sheeted under Section 21 of the N.D.P.S. Act. He was tried and convicted and sentenced as aforesaid. The appeal has been admitted for hearing and the liberty was granted to apply for bail on the same application upon prior notice to the State.