OM PRAKASH Vs. NARCOTICS CONTROL BUREAU CHANDIGARH

JUDGEMENT

(1.) This petition filed under Sec. 439 of the Code of Criminal Procedure seeks bail for the petitioner in Crime No.75/2020, dtd. 29/12/2020, registered under Ss. 8, 20, 25, 27, 28, 29, 60 and 62 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short NDPS Act) with Police Station NCB, Chandigarh. The petitioner is behind the bars w.e.f. 5/5/2021.

(2.) The prosecution case against the petitioner is that on 29/12/2020, the officials of NCB, Chandigarh received a secret information that two persons namely Satram Lal and Devinder Singh were travelling with huge quantity of cannabis in Vehicle bearing No.HP35-4856. The information was reliable, therefore, the codal provisions of the NDPS Act were complied with. A naka was put on Shimla road at Yashwant Parmar Chowk, Nahan, District Sirmour. The vehicle in question was stopped. Its search was carried out, which led to recovery of 24 packets of cannabis weighing 11.7 Kg. The recovery led to registration of the case. Satram Lal and Devinder Singh were arrested on 29/12/2020.

(3.) Learned Senior counsel for the petitioner argued that the petitioner has been involved in the case only on the strength of statement of Satram Lal recorded under Sec. 67 of the NDPS Act and the call detail record of the petitioner with the said Satram Lal. That there is no substantial material available with the respondent except the aforesaid statement of Satram Lal recorded under Sec. 67 of the NDPS Act and the call detail record. Learned counsel further contended that in view of the judgment passed by the Hon'ble Apex Court in Tofan Singh Vs. State of Tamil Nadu, (2021) 4 SCC 1, the confessional statement recorded under Sec. 67 of the NDPS Act is inadmissible in the trial and the call detail record is yet to be proved by the respondent against the petitioner. Learned Senior counsel for the petitioner submitted that Satram Lal is maternal uncle (mama) of the petitioner. The calls were exchanged between the two in that capacity. Learned counsel further argued that the petitioner has been booked in the case with the aid of Sec. 29 of the NDPS Act and no recovery of the contraband was effected from him. It was also submitted that the petitioner has no criminal track record. He is not at all involved in the commission of offences alleged against him, therefore, prayer was made for enlargement of the petitioner on bail. It was also submitted that the petitioner will not misuse the liberty of bail and will abide by all the terms and conditions, which may be imposed upon him in case of grant of bail.