Rakesh Kumar Jain vs. Principal Commission, Central Goods And Srvices Tax
Held
The Court granted bail to the applicant, Rakesh Kumar Jain. While the judgment does not explicitly rule on the legality of the recovery or the nature of the substances, it considers the 'nature of accusation and the severity of punishment,' the 'nature of supporting evidence,' and the 'reasonable apprehension of tampering of the witnesses.' The Court also noted the applicant's age and lack of criminal history. The decision to grant bail is based on a prima facie satisfaction of the Court regarding the charge and the reformative theory of punishment. The Court explicitly stated that it was not expressing any opinion on the merits of the case. The bail was granted on furnishing a personal bond with sureties and adherence to several strict conditions regarding court appearances and trial proceedings.
Facts
This case involves a bail application filed by Rakesh Kumar Jain, the applicant, who is accused in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The opposite party is the Principal Commissioner, Central Goods and Services Tax, Meerut. The applicant was arrested on October 5, 2019. The prosecution alleges recovery of various substances, including bhang and ganja, along with unidentified powders. The applicant's counsel argued that the substances are not contraband without a laboratory report and that mandatory provisions of the Cr.P.C. and NDPS Act were not followed during recovery. The applicant is 64 years old with no prior criminal history and has been in jail since his arrest.
Key Issues
1. Whether the seized substances can be considered contraband in the absence of a laboratory report, and if the recovery procedure was compliant with Sections 100 Cr.P.C. and 50, 52, 53, 42 of the NDPS Act, thereby rendering the recovery illegal? (Mixed question of law and fact, turning on Sections 42, 50, 52, 53 of the NDPS Act and Section 100 of the Cr.P.C.) Contentions: Petitioner/Applicant (Rakesh Kumar Jain): Argued that the seized articles are not contraband without a laboratory report. Further contended that the recovery is illegal due to non-compliance with mandatory provisions of Sections 100 Cr.P.C. and 50, 52, 53, 42 of the NDPS Act. Highlighted the applicant's age, lack of criminal history, and prolonged incarceration. Revenue/State (Principal Commissioner, Central Goods and Services Tax): Opposed the prayer for bail.
Sections Cited
Section 42, Section 50, Section 52, Section 53, Section 8, Section 20, Section 100, Section 313, Section 82, Section 174-A, Section 229-A
AI-generated summary — verify with the full judgment below
Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3673 of 2020 Applicant :- Rakesh Kumar Jain Opposite Party :- Principal Commission, Central Goods And Srvices Tax Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- Ramesh Chandra Shukla Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of the applicant and counter affidavit filed by Principal Commissioner, Central Goods and Services Tax, Meerut are taken on record.
Heard Sri Gaurav Kakkar, learned counsel for the applicant and Sri Ramesh Chandra Shukla, learned counsel appearing for the opposite party.
It has been contended by the learned counsel for the applicant that none of the articles shown in the list could fall within the category of contraband substance in absence of the report from the laboratory. As per the arrest memo there were 1870 grams bhang, 1080 grams ganja, and contraband shown at serial nos. 3, 4, 5 & 6 were brown powder, white powder, dark soil colour and white colour powder respectively. It has been further submitted that at the time of custody the applicant was shown to have Rs. 813/- and one golden ring. It is also submitted that name of the applicant was fi
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