Amit Kumar Tiwari vs Government Of India
2021 Latest Caselaw 210 Chatt

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                                                                        NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                          M.CR.C. No. 836 of 2021
Niranjan Kumar Singh, S/o. Shivdani Singh, aged about 61 years, R/o.
Fathamudha, Jute Mill Ward No. 33, Raigarh, Chhattisgarh.
                                                                ---- Applicant
                                   Versus
Government of India, Through : Directorate of Revenue Intelligence, 7 th Floor,
D. Block, I.P. Bhawan, I.P. Estate, New Delhi. Through Director, DRI, Civil
Lines, Raipur (C.G.)
                                                              ---- Respondent

AND M.CR.C. No. 2800 of 2021 Amit Kumar Tiwari, S/o. Shri Harendra Tiwari, aged about 33 years, R/o. Village Badaki Sanadiya, Post Ratanpur, Ps Muffasil, District Bhojpur (Bihar).

---- Applicant Versus Government of India, Through : Intelligence Officer, DRI, Raipur, District

-Raipur (C.G.)

---- Respondent

For Applicant : Mr. Shailendra Dubey, Advocate (in M.Cr.C.No. 836 of 2021)

For Applicant : Mr. Dheerendra Pandey, Advocate (in M.Cr.C.No. 2800 of 2021)

For Respondent : Mr. Ramakant Mishra, Asst. S.G.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 09/06/2021

1. Both the bail applications are heard and decided together by this

common order as they are arising out of the same crime number and

incident.

2. These are the first bail applications filed under Section 439 of the Code

of Criminal Procedure, 1973 for grant of regular bail to the applicants,

who have been arrested in connection with Crime No.33/2020,

registered at Police Station - DRI, District - Raipur (C.G.) for the

offence punishable under Section 8 (c), 20 (b) (ii) (c), 27-A and 29 of

N.D.P.S. Act.

3. It is submitted by the learned counsel appearing on behalf of the

applicant (in M.Cr.C. No. 836 of 2021) that the applicant has been

falsely implicated in this case. This applicant is resident of Raigarh,

who is Dhaba owner and also has a garage for repair and body

building of the trucks. It is not denied that this applicant had prepared

secret chambers in the truck of the co-accused persons on their

request, regarding which, he had doubts and on his asking it was

replied that these chambers are being prepared to carry food articles

as the vehicles have to go on long run. The statement of the applicant

- Niranjan Kumar Singh recorded by the investigation officer is not

admissible in evidence in trial. Reliance has been placed on the

judgment of Tofan Singh Vs. State of Tamil Nadu, reported in (2013)

16 SCC 31. The applicant was not present on the spot, when the truck

of the co-accused persons were seized and the contraband was

recovered. Therefore, he has no connection with the case concerned

and he has neither abetted nor conspired for such commission of

offences. Therefore, it is prayed that the applicant may be enlarged on

regular bail.

4. It is submitted by the learned counsel appearing on behalf of the

applicant (in M.Cr.C. No. 2800 of 2021), that the applicant has been

falsely implicated in this case. This applicant has no connection with

the crime committed. This applicant has operated the customer service

point under the license of State Bank of India. Various persons come

and go to avail the services provided by the center of this applicant.

Only statement present, which has been made a ground to array this

applicant is that he had made some money transfer on the instruction

of one Sanjay Singh. This applicant had no knowledge about the

source of the money and the entitlement of recipient. Hence, he has no

connection with the offence committed. He is in jail since 22.12.2020.

Therefore, it is prayed that the applicant may be enlarged on bail.

5. Learned Assistant Solicitor General appearing on behalf of the

respondent opposes both the bail applications and the submissions

made in this respect. It is submitted that as regards the applicant

Niranjan Kumar, there is evidence present about direct assistance

given by him in preparation of secret chambers in the truck, which

were specifically used for transportation of contraband. His statement

recorded in the investigation reveals that the applicant was aware that

the secret chambers may be used for some illegal activities. This is the

act of conspiracy and it is clearly covered by the ratio laid down by the

Supreme Court in case of V.C. Shukla Vs. State of Delhi, reported in

AIR 1980 SC 1382. Further this applicant has criminal antecedents as

he was earlier prosecuted for a case under C.G. Excise Act, which

shows his criminal background. Therefore, he is not entitled for grant of

bail.

6. He would further submit that the applicant - Amit Kumar Tiwari has

clear involvement in this case. He has transferred money into various

accounts on the instruction of one person and the same money was

used for transportation of contraband and this act was clearly covered

under Section 27-A of N.D.P.S. Act. Further Section 35 of N.D.P.S. Act

provides that there is reverse burden upon the accused persons to

prove that they have not committed the offence. Hence, this applicant

is also not entitled for grant of bail.

7. In reply, it is submitted by the learned counsel appearing on behalf of

applicant (in M.Cr.C. No.836 of 2021) that there is nothing to show the

mens rea on the part of the applicant, therefore, he has no complicity

in the commission of offence registered against him. Hence, he is

entitled for grant of bail.

8. In reply, the learned counsel appearing on behalf of the applicant (in

M.Cr.C. No.2800 of 2021) also submits that there is no statement

given by any witnesses against this applicant regarding his

involvement. Therefore, the application should be allowed.

9. I have heard the learned counsel for both the parties and perused the

case diary.

10. According to the prosecution case, on 01.10.2020, D.R.I, Raipur

received secret information regarding transportation of contraband on

the basis of which, Truck bearing registration No.P.B.-06/G-5533 was

stopped and searched. 450 Kg. and 432 gm Ganja was found stored in

the seceret chambers of the truck. Seizure of the same was made from

Vikramjeet Singh, Charanjeet Singh and Surendra Singh.

11. Considered on the submissions. Investigation shows that only

evidence is the statement of the applicant Niranjan Kumar Singh

himself that he has constructed secret chambers in the truck. The

investigation is required to be made further for collecting evidence on

the point of conspiracy of the applicant - Niranjan Kumar Singh.

Similarly the applicant - Amit Kumar Tiwari has made some money

transfer on the instruction of one Sanjay Singh. It appears that there is

no evidence that he was the person, who has financed for all the

activity that are alleged. Hence, under these circumstances, this Court

is of the opinion that present is a fit case, in which, the both the

applicants should be enlarged on regular bail.

12. Accordingly, both the bail applications filed under Section 439 of the

Cr.P.C. are allowed.

13. It is directed that applicants shall be released on bail on their furnishing

a personal bond in the sum of Rs.25,000/- with one surety each in the

like sum to the satisfaction of the concerned trial Court, for their

appearance as and when directed.

Certified copy as per rules.

Sd/-

(Rajendra Chandra Singh Samant) Judge Balram