Chandra Singh @ Chandra Bhushan Singh vs. The Union Of INDIA Through The Zonal Director, Narcotics Control Bureau, Patna

Facts

The petitioner, Chandra Singh @ Chandra Bhushan Singh, apprehended arrest in connection with F.A. No. NCB/PZU/V/28/2021, Special Case No. 186(A) of 2021, under the NDPS Act. The Narcotics Control Bureau (NCB) seized a truck containing 12,296 bottles of cough syrup, including 'Dialex-DC' and 'Eskuf Codeine', from which 'Eskuf Codeine' contained codeine, a narcotic drug. The NCB alleged the truck and contraband belonged to the petitioner, owner of New Golden Transport Company, used for distribution in Bihar. The petitioner claimed innocence, stating he was not present during the seizure, the truck was locked, and the NCB wrongly implicated him by confusing his business with that of Chandra Bhan Singh @ Chandra Kesh Singh, the owner of 'The New Golden Transport' in Varanasi. The petitioner also argued that 'Dialex-DC' did not contain codeine and that the seized cough syrup was manufactured under a valid license.

Held

The Court considered the submissions of both parties and the materials on record. It acknowledged the increasing prevalence of cases involving contraband and narcotic drugs, especially after the imposition of liquor ban laws in Bihar, highlighting the serious societal impact of drug menace. The Court emphasized the need for law enforcement to have proper access to accused persons, including through custodial interrogation. Regarding the petitioner's plea for anticipatory bail, the Court found prima facie materials suggesting the petitioner's complicity in the alleged case. The seized cough syrup contained codeine-based substances, classified as narcotic drugs. The Court noted that further investigation was ongoing. Consequently, the Court was not inclined to grant anticipatory bail to the petitioner, deeming it not a fit case for such relief. However, the Court granted the petitioner the liberty to surrender before the learned Court below within six weeks and seek regular bail, with a direction for the learned Court to pass an order on the same day in accordance with law, without being prejudiced by the present order.

Key Issues

1. Whether the petitioner is the owner of the truck and involved in the transportation of contraband cough syrup containing codeine, thereby constituting an offense under the NDPS Act? 2. Whether the petitioner has been falsely implicated due to confusion with another entity named 'The New Golden Transport' and its owner, Chandra Bhan Singh @ Chandra Kesh Singh? 3. Whether the seized cough syrup, manufactured by a reputed pharmaceutical company under a valid license, falls under the purview of the NDPS Act? Petitioner's Arguments: The petitioner argued that he is innocent and falsely implicated. He contended that the truck was locked and he or his associates were not present. He claimed the NCB confused his business, 'New Golden Transport' (operating in Kanpur), with 'The New Golden Transport' in Varanasi, owned by Chandra Bhan Singh @ Chandra Kesh Singh, who confessed to the crime. He also asserted that 'Dialex-DC' does not contain codeine and the seized items were manufactured legally. Reliance was placed on 'Ajay Bajpai vs. State of Uttar Pradesh' where similar cough syrups were held not to fall under the NDPS Act, and that Section 42 of the NDPS Act was not complied with. The investigation was complete, and there was no chance of tampering with evidence. Revenue/State's Arguments: The Union of India and NCB opposed the anticipatory bail, asserting the petitioner owned the truck from which the cough syrups were recovered. They presented a Bilti (receipt) dated 03.11.2022 and another dated 22.11.2022, which lacked proper details. They also produced an agreement paper between the petitioner and the building owner where New Golden Transport Company was running, and a visiting card of the petitioner. The NCB claimed that the owner of 'The New Golden Transport' Varanasi, Chandra Kesh Singh (brother of the petitioner), revealed in his voluntary statement that the petitioner is the owner of 'New Golden Transport', Patna. The driver, manager, and Chandra Kesh Singh's statements corroborated this. They also noted the petitioner did not appear despite notices under Section 67 of the NDPS Act and that his GST certificate showed jurisdiction in Kanpur, not Patna. Reliance was placed on 'Union of India vs Padam Narain Aggrawal etc.' regarding protection to suspects.