Dismissed¶18

Rahul Singh v. the Union of India through Director National Narcotics Department Bihar, Patna

Patna HC21 Jan 2025CR. MISC./59632/2024

Case brief

AI extract

What is this about?

Patna High Court; CR. MISC. No.59632 of 2024; decided 21-01-2025; Rajiv Roy, J; petitioner Rahul Singh (driver); Aurangabad Excise P.S. Case No. 336 of 2024; sections 15(c), 25, 37 NDPS Act; recovery/seizure of 1517.416 kg Doda in 150 bags, five lots, from Tata Container; loaded at Ranchi, destined for Delhi; driver-knowledge contention rejected; commercial quantity 50 kg exceeded; no relief granted; petition rejected/dismissed; direction for speedy trial.

What did the court decide?

Such a huge quantity of Doda in 150 bags kept in five lots cannot be carried in a container unless the driver has knowledge of it; the plea that the petitioner-driver lacked knowledge is rejected. ¶18

Rahul Singh Vs the Union of India through Director National… — Narcotics (NDPS) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59632 of 2024

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Arising Out of PS. Case No.-336 Year-2024 Thana- Excise P.S. District- Aurangabad

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======================================================

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RAHUL SINGH SON OF RAJENDRA SINGH RESIDENT OF KALI BARI MOHALLA, SHYAMGANJ CHAURAHA, P.S. - WARADARI, DISTRICT - BAREILY (UTTAR PRADESH)

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... ... Petitioner/s

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Versus

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THE UNION OF INDIA THROUGH DIRECTOR NATIONAL NARCOTICS DEPARTMENT BIHAR, PATNA BIHAR

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THE STATE OF BIHAR BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate. Mr. Adarsh Singh, Adv. For the Opposite Party/s : Mr.K.N. Singh(A.S.G.) ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 21-01-2025 Heard Mr. Y. C. Verma, learned Senior Counsel for

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the petitioner. There is no appearance from the other side.

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The petitioner is in judicial custody in connection with Aurangabad Excise P.S. Case No. 336 of 2024 for the offences punishable under sections 15(c), 25 and 37 of the NDPS Act, lodged on 14.04.2024 by the informant.

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As per the prosecution story, the police during search of vehicle intercepted a Tata Container and there is recovery/seizure of 1517.416 Kilograms of Doda kept in 150 bags in five lots. The petitioner who was driving the vehicle was taken into custody and according to his information, it was to be delivered in Delhi having been loaded at Ranchi. Accordingly,

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Patna High Court CR. MISC. No.59632 of 2024(4) dt.21-01-2025 2/2

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the FIR.

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Though learned Senior Counsel for the petitioner tried to impress upon the Court that he being the driver had no knowledge about the present of the Doda, a bare perusal of the FIR would show that such a huge quantity in 150 bags kept in five lots cannot be carried in a container unless the Driver has the knowledge. Since the commercial quantity is only 50 Kilograms, the recovery/seizure is of 1517.416 Kilograms of Doda, no relief can be granted and the petition, accordingly, stands rejected.

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Since the petitioner is in custody, he is entitled to speedy trial and as such, the court concerned shall see to it that it is taken up at an earliest.

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(Rajiv Roy, J)

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perwez

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U T

Rahul Singh v. the Union of India through Director National Narcotics Department Bihar, Patna

Case brief

What is this about?

What did the court decide?

Rahul Singh v. the Union of India through Director National Narcotics Department Bihar, Patna

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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