Vinit Sarraf vs The State Of Bihar
2021 Latest Caselaw 4844 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 27097 of 2021
    Arising Out of PS. Case No.-36 Year-2021 Thana- MADHEPURA District- Madhepura
 ======================================================

Vinit Sarraf, aged about 30 years, Male Son of Lalit Kumar Sarraf @ Lalit Sarraf, Resident of Village- Madhepura, Ward No 18 PS- Madhepura and District- Madhepura.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s    :       Mr. Madan Mohan, Advocate
 For the State           :       Mr. Ataur Rahman, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-10-2021

Heard Mr. Madan Mohan, learned counsel for the

petitioner and Mr. Ataur Rahman, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Madhepura PS Case No. 36 of 2021 dated 12.01.2021, instituted

under Sections 8(C), 21(C), 22(C), 23, 24, 27(A) and 29 of the

Narcotic Drugs and Psychotropic Substances Act, 1985 and 30 (a)

of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner and others is that

huge quantity of codeine syrup was recovered in front of his shop

while being unloaded in cartons from a tempo.

Patna High Court CR. MISC. No.27097 of 2021 dt.04-10-2021

4. Learned counsel for the petitioner submitted that he is

the proprietor of Shweta Medical Agency and has no connection

with the said recovered codeine as it was not from inside the shop.

It was submitted that from the tempo outside, cartons were being

unloaded and cartons inside the tempo were also found and seized

by the police. It was submitted that the other cartons with regard

to other medicines were meant for the shop of the petitioner for

which there is a valid receipt also and the petitioner has licence to

deal in such medicines. Learned counsel submitted that the

petitioner besides having no criminal antecedent cannot be held

liable for recovery made in front of his shop merely on suspicion.

Further, learned counsel submitted that the alleged kaccha bill as

has been stated in the FIR has not been recovered showing the

name of Shweta Medical Agency. Learned counsel submitted that

Deepak Kumar @ Deepak Kumar Sharma, who was the owner of

the tempo, has been granted anticipatory bail by a co-ordinate

Bench by order dated 13.07.2021 passed in Cr. Misc. No. 27164

of 2021.

5. Learned APP submitted that the recovery was from

outside the shop of the petitioner and the driver, who was caught

as also the owner of the transport company, have admitted that the

entire consignment was meant for the shop of the petitioner.

Patna High Court CR. MISC. No.27097 of 2021 dt.04-10-2021

Further, he submitted that from the documents recovered at the

transport office and from the house of the owner and co-accused

Kumar Abhishek, it is clear that kaccha bill for codeine syrup

were in the name of the petitioner's shop and with regard to other

medicines, a full-fledged bill was issued. Learned APP submitted

that codeine contains psychotropic substance which is banned in

the State of Bihar and further that 5000 bottles of such syrup

cannot be justified for being kept by the petitioner in his shop, that

too, in a town like Madhepura. It was submitted that the transport

owner and driver have admitted that in the past also, there was

delivery of such medicine to the shop of the petitioner.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in view of

there being direct indication of the consignment being meant for

the shop of the petitioner and materials recovered, especially the

bills which also show that the consignment was brought to be

delivered to the shop of the petitioner and with regard to the

codeine, bills in the name of the shop of the petitioner were

kaacha, and the amount of codeine bottles being 5000 as also the

driver and owner of the transport company and their record

showing such delivery in past also to the shop of the petitioner, the

Court is not inclined to grant pre-arrest bail to him.

Patna High Court CR. MISC. No.27097 of 2021 dt.04-10-2021

7. As far as co-accused Deepak Kumar @ Deepak

Kumar Sharma, having been granted anticipatory bail, from the

order it transpires that the petitioner being only owner of the

tempo and the said tempo being run as a public carrier and he

having no knowledge with regard to the nature of the goods

booked by the transporter, the said grounds are not available to the

present petitioner.

8. Accordingly, the petition stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T