Raj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8871 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Raj Kumar Yadav Son Of Late Ram Jeet Yadav @ Ranjeet Yadav R/O Vill.- J.T. Road, Maheshpur Lahartara, P.S.- Maduadhi, Dist.- Varanasi, State- Uttar Pradesh ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Union Of India, through Intelligence Officer, Directorate Of Revenue Intelligence Regional Unit Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Ranjit Ranjan For the Opposite Party/s :
Mr. Radhika Raman, CGC Mr. Awadhesh Kumar Pandey Mr. Ranvir Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences under Sections 8(C) read with Section 9(a), punishable under Sections 21, 25, 29 of the NDPS Act.
There is recovery of 70 cartoons containing 11195 bottles of 100 ml each of Eskuf Cough Syrup having Codeine Phosphate valued Rs. 13,90,586/- with other miscellaneous substances from a truck. On
Patna High Court CR. MISC. No.8871 of 2021(10) dt.14-11-2022 2/3 interrogation, the apprehended persons disclosed that they are Driver and Khalasi of the vehicle and petitioner is the Transporter who had booked the consignment. It is submitted by learned counsel for the petitioner that petitioner has been implicated in this case only on the confessional statement of driver of the said truck and except this, there is no sufficient evidence against the petitioner. It is further submitted that petitioner runs a business in the name and style of M/s Radha Krishna Transport Services at Vanarasi, Uttar Pradesh having business to transport the material from one place to another all over India. The petitioner had issued two bills in the name of Depottam Enterprises from taking the materials/goods from his agent/manager at Varansi in the name of Pitambari Products Pvt. Ltd., Chandpur, Varanasi for transportation of the goods of the company at Bhubneshwar, Orissa vide Receipt Nos. 742 and 443 dated 25.09.2020 and except these two bills, the petitioner has no concern with other materials
Patna High Court CR. MISC. No.8871 of 2021(10) dt.14-11-2022 3/3 loaded in the said truck. The petitioner was not apprehended from the spot. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge-cumSpecial Judge, Patna in connection with Special Case No. 145 of 2020, arising out of DRI Unit Case No. 06 of 2020-21 CDRI F. No. DRI/LZU/PRU/718(ii)/ENQ09/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shageer/- U T