ARUNA MALHOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE petitioner is aggrieved by order dated 18.3.2009 passed by the learned Sessions Special Judge -VI, Patna in Special Case No. 24/07, rejecting the prayer to dispense with the personal appearance of the petitioner under Section 205, Cr PC. The petitioner happens to be the owner of the truck in question which was carrying goods from Nepal for Kolkata. The truck was driven by one Guddu Kumar and the truck was hired by M/s. Super Trans Legistics Pvt. Ltd., Howrah, for carrying consignment of Real Active Juice. Subsequently a complaint under Section 36 -A,of the N. D.P.S. Act was filed in the aforesaid Special Case 24/07 implicating the petitioner as an accused for abetting an offence under Sections 25 and 29 of the N.D.P.S. Act. Learned counsel submits that though the allegation is that on suspicion the truck was intercepted and 60 kgs. of ganja was found also kept in bundle in a truck in question which gave rise to the Special Case No. 24/07.

(3.) LEARNED counsel submits that the petitioner is a woman and resides at Faridabad. The aforesaid ganja has been allegedly kept on the truck. He submits that even assuming that ganja was seized from the aforesaid truck, the same was kept without her consent. Learned counsel submits that the petitioner cannot be made responsible if the driver or the occupant of the truck secretly kept ganja without knowledge of the owner. He further submits that in this circumstance the petitioner ought to have been granted exemption under Section 205 of Cr PC in view of Section 36(C) of the N.D.P. S. Act.