High Court ordered release of truck owner on bail in N.D.P.S. case due to lack of knowledge of contraband, though truck driver was denied bail pending trial conclusion.
Ram Balak Yadav released on bail; Jitendra Kumar denied bail with liberty to renew prayer after one year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14031 of 2013 ====================================================== Jitendra Kumar @ Kauleshwar Prasad son of Late Rajendra Prasad .... .... Petitioner/s Versus The Union Of India Through The N.D.P.S. Department .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.13315 of 2013 ====================================================== Ram Balak Yadav son of Chinta Mani Yadav .... .... Petitioner/s Versus The State Of Bihar Through N.D.P.S. Department. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 5 18-07-2013 Petitioners being owner and truck driver of the vehicle being Registration No. UP 14DT 2406 are languishing in custody since 04.12.2012 in a case registered for the offences punishable under Sections 25A, 29 of the N.D.P.S. Act. Recovery is of 3930 Kgs of Ephedrine/Pseudoephedrine. This fact is admitted that petitioners are driver and owner of the vehicle in question. It is claimed by the petitioners that they were not aware about the contraband
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being loaded in the truck when the truck was hired by one Naresh @ Ashok Sharma for transporting flour/suji.
It is submitted by learned counsel for the petitioners that truck owner being petitioner Ram Balak Yadav was admittedly not present either at the place of loading or at the place of seizure nor he was aware about the transportation of any contraband. This argument of learned senior counsel for the petitioners has not been controverted by Mr. Dwedi Surender learned counsel, appearing on behalf of Narcotic Control Bureau.
A statement has been made in para 12 of the petition that petitioner Ram Balak Yadav has no criminal antecedent.
Considering the fact that vehicle was being driven by petitioner Jitendra Kumar @ Kauleshwar Prasad, this Court is not inclined to grant bail to the petitioner Jitendra Kumar @ Kauleshwar Prasad in connection with Special Case No. 41 of 2012, arising out of N.D.P.S. Case No. 41 of 2012, pending in the Court of learned ADJ, VII cum Special Judge, N.D.P.S., Patna.
So far as truck owner Ram Balak Yadav is concerned, since he was neither aware about the contraband being loaded in the truck nor travelling in the truck, let the petitioner Ram Balak Yadav, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of
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the like amount each to the satisfaction of learned A.D.J., VII, cum Special Judge, N.D.P.S., Patna in connection with Special Case No. 41 of 2012 (N.D.P.S. Act), arising out of N.D.P.S. Case No. 41 of 2012.
The petitioner Jitendra Kumar @ Kauleshwar Prasad will be at liberty to renew his prayer for bail, if the trial is not concluded within a period of one year.
(Dinesh Kumar Singh, J)
Shageer/-
1 issue framed by the court
Whether bail should be granted to truck owner Ram Balak Yadav in an N.D.P.S. case and whether truck driver Jitendra Kumar @ Kauleshwar Prasad should be granted bail currently.
Jitendra Kumar @ Kauleshwar Prasad
Ram Balak Yadav
The Union Of India Through The N.D.P.S. Department
The State Of Bihar Through N.D.P.S. Department
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
