Lalit Sarraf @ Lalit Kumar Sarraf vs The State Of Bihar
2021 Latest Caselaw 4845 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 27054 of 2021
    Arising Out of PS. Case No.-36 Year-2021 Thana- MADHEPURA District- Madhepura
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Lalit Sarraf @ Lalit Kumar Sarraf, aged about 62 years, Male Son of Late Puranmal 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. Nitya Nand Tiwary, APP

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

Heard Mr. Madan Mohan, learned counsel for the

petitioner and Mr. Nitya Nand Tiwary, 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 offloaded in cartons from a tempo.

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 syrup as it was not from inside his Patna High Court CR. MISC. No.27054 of 2021 dt.04-10-2021

shop. It was submitted that from the tempo outside, cartons were

being offloaded and cartons inside the tempo were also found and

seized by the police. It was submitted that the other cartons

containing other medicines were meant for the shop of the

petitioner for which there are valid receipts 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 from the front of his shop only

on mere suspicion. It was submitted that the petitioner is also a

cancer patient. Further, learned counsel submitted that the alleged

kachcha 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 as also the owner

of the transport company have admitted that the entire

consignment was meant for the shop of the petitioner. Further, he

submitted that from the documents recovered at the transport

office and from the house of the owner and co-accused Kumar Patna High Court CR. MISC. No.27054 of 2021 dt.04-10-2021

Abhishek, it is clear that kachcha bill for codeine syrup were in

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

medicines, a regular 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 place like Madhepura. It was submitted that the transport owner

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

delivery of such medicine to the shop of the petitioner. It was

submitted that with regard to the ailment of the petitioner, from

the order dated 25.02.2021 of the learned Sessions Judge,

Madhepura in ABP No. 151 of 2021, by which prayer for bail of

the petitioner was rejected, it is clear that the stand taken before

the Court below was that the petitioner was suffering from several

old age deceases and was under the treatment at AIIMS Hospital,

New Delhi whereas in the present petition, which has been

affirmed on 08.03.2021, i.e., within two weeks of the order of

rejection, a completely new and different stand has been taken

with regard to the ailment from which the petitioner is suffering,

which is said to be cancer.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in view of Patna High Court CR. MISC. No.27054 of 2021 dt.04-10-2021

there being strong indication of the consignment being meant for

the shop of the petitioner and materials recovered especially the

bills which show that the consignment was from the shop of the

petitioner being brought on the tempo to be delivered to the shop

of the petitioner and with regard to the codeine, the bills being in

the name of the shop of the petitioner but kachcha and the

amount of codeine bottles being 5000 and also the driver and the

owner of the transport company and their records showing such

delivery in past also to the shop of the petitioner, the Court is not

inclined to grant pre-arrest bail to him.

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

Kumar Sharma, having been granted anticipatory bail, from the

order it transpires that he was only the owner of the tempo and the

said tempo was being run as a public carrier and had no

knowledge with regard to the nature of the goods booked by the

transporter, would not be of any help to the present petitioner.

8. Accordingly, the petition stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T