DIPAK JAIN Vs. STATE

JUDGEMENT

(1.) THE petitioner Dipak Jain has filed this petition under Section 439, Cr.P.C. 1973 praying for bail. The matter has already been heard on 26.7.96.

(2.) THE petitioner's case is that he has been taken to custody in connection with Chanchal P.S. case No. 46 of 1996 dated 26.6.96 under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as N.D.P.S. Act, along with five others, on the allegation that on 26.6.96 the petitioner was caught red handed while he was taking delivery of brown sugar from the other two persons taken to custody in connection with that case, and that, two packets of brown sugar each weighing 500 gms were recovered from them at that time. It has been alleged in the FIR of Chanchal P.S. Case No. 46 of 1996 dated 26.6.96 that O.C., Chanchal P.S. got an information on that date at about 12.05 hour in the terms that Swapan Mondal and Akhtar Sk., two smugglers dealing in brown sugar were arriving at Chanchal but stand by private car No. WNL 3359 and that they would give delivery of huge quantity of brown sugar to Abdus Samad and the petitioner, Dipak Jain. The information was recorded in the G.D. of P.S. under G.D. Entry No. 1303 dated 26.6.96 and some S.I. of Police accompanied the O.C. (Anil Kumar Roy) de facto complainant, and went to Chanchal bus stand under supervision of Circle Inspector Sri P.C. Das. They took with them two private persons to bear witness of expected recovery of brown sugar from the persons named by the source of information. At about 15.10 hour they saw the private Car No. WNL 3359 coming to Chanchal bus stand from Malda side. No sooner had that private car stooped at Chanchal bus stand, two persons hurriedly entered into the private car and the petitioner was one of those latter two persons. The police party under the direct supervision of Circle Inspector, Chanchal, Sri P.C. Das, intercepted the private car and found that the Swapan Mondal and Akhtar Sk. were giving delivery of two polythene packets containing brown sugar to Abdus Samad and the petitioner, Dipak Jain. On seeking police, the accused, Swapan Mondal and Abdus Samad tried to conceal these packets under their garments, but on challenge by police they produced those two packets to the de facto complainant in presence of other members of police party and the private persons who accompanied the police party to bear witness. Those person could not produce any valid paper or cash memo for possessing or carrying brown sugar. The de facto complainant got weighed the brown sugar recovered from the possession of Swapan and Akhtar, seized the same, maintaining required formalities in that respect and also arrested the persons from whom the packets were recovered as well as the persons to whom they were about to deliver the contraband and started this case against all those persons including the petitioner.

(3.) WE have considered arguments of the learned advocate of both the parties carefully. In Section 50 of the Act it has been provided that :-