RAM MILAN SAROI @ PASWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned senior counsel assisted by Ms SK Nargis. Also heard Mr. B. Sarmah, learned Standing Counsel for respondent Central Excise Department.

(2.) This is an application filed under section 439 of Code of Criminal Procedure, 1973, seeking release of accused Ram Milan Saroi @ Paswan on bail who was arrested on 28.6.2009 in connection with DRI Case No.02/ Narc/Ganja/DRI/GAU/2009-10 dated 28.6.2009 under sections 20B(ii)(c)/22C/23C/25/27 and 29 of Narcotics Drugs and Psychotropic Substances Act corresponding to Sessions (Special) Case No.221 (K)/2009.

(3.) Mr. Choudhury, learned senior counsel, submits that the accused above named was not aware of the Ganja stocked in the vehicle in which he was travelling as he had taken a 'lift' only after his vehicle was detained at Srirampur Gate for want of some transit pass. The learned senior counsel also submits that the accused person is not at all connected with the Ganja recovered from the said vehicle. According to learned senior counsel, there is no prima facie case against the accused person inasmuch as the prosecution could not show any element of 'conscious possession' of seized Ganja by the accused person.