High Court allowed bail to a truck driver charged under the NDPS Act. The court held that non-compliance by police with Section 42 regarding recording informer information warranted bail consideration.
Regular bail granted on furnishing a P.R. Bond of Rs. 25,000/- with solvent sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BA522.2021
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.
BAIL APPLICATION NO. 522 OF 2021
Muktar Abdul Rahim Patel, Age : 28 years, Occu. Driver, R/o. At Post Lohara, Tq. Balapur, Dist. Akola.
... Applicant
Versus
The State of Maharashtra ... Respondent
Mr. K. M. More, Advocate for the applicant Mr. V. M. Kagne, APP for respondent / State
CORAM : V. G. BISHT, J.
DATE OF RESERVING THE ORDER : 21st August, 2021 DATE OF PRONOUNCING THE ORDER : 24th August, 2021
PER COURT : -
Criminal Procedure, 1973 preferred by the applicant seeking grant of bail in connection with Crime No. 1024 of 2020, registered with MIDC Police Station, District Jalgaon, for the offences punishable
under Sections 8, 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”).
SG Punde, PA
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SG Punde, PA
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was not aware of the contraband found in the truck. The applicant is in jail since 02.09.2020, investigation is already completed and chargesheet has been filed. The applicant being permanent resident will not flee from the justice and hence, he deserves to be released on bail.
SG Punde, PA
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to show that the information so received from the informer was immediately recorded with necessary details. Even the Station Diary dated 25.08.2020 shows that Police Sub-Inspector Vishal Sonavane i.e. informant had informed the Head Constable, who took necessary entry in the Station Diary details, that he had received secret information from the informer in respect of the transportation of contraband through truck bearing registration No. MH-42/T-9125 from Bhusawal to Jalgaon but nothing is produced on record to show that any such information was recorded by said Police Sub-Inspector – Vishal Sonavane. Therefore, apparently there is no compliance of mandatory provision of the NDPS Act. Needless to say, the prosecution has not been able to show prima facie that there was due compliance of Section 42 of the NDPS Act. This being so, on this ground alone the present application deserves consideration.
SG Punde, PA
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escorting the truck in which the contraband namely, cannabis (ganja) was kept.
SG Punde, PA
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case, this Court has come to the conclusion that the applicant is entitled to be enlarged on bail. Hence, following order.
ORDER
i. The applicant be released on regular bail in connection with Crime No. 1024 of 2020, registered with MIDC Police Station, District Jalgaon, for the offences punishable under Sections 8, 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on his furnishing P.R. Bond of Rs. 25,000/- [Rs. Twenty Five Thousand only], with one or two solvent sureties in the like amount.
ii. The applicant shall not tamper with the prosecution evidence in any manner and shall not influence the witnesses.
iii. The applicant shall not indulge in similar kind of activity.
iv. Bail before the trial court.
SG Punde, PA
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aforesaid terms.
[ V. G. BISHT ] JUDGE
SG Punde, PA
2 issues framed by the court
Whether bail is maintainable when the prosecution failed to comply with Section 42 of the NDPS Act regarding recording informer information.
Whether a driver of a truck carrying contraband is liable for bail considerations given the presence of absconding accomplices and escorting.
5 provisions across 2 enactments
Muktar Abdul Rahim Patel
The State of Maharashtra
V. G. BISHT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
