Rajesh Prasad Gupta @ Rajesh Prosad Gupta @ Rajesh Kumar Gupta vs. The Superintendent, Narcotics Control Bureau Kolkata Zonal Unit

Facts

The petitioner, Rajesh Prasad Gupta, sought bail in connection with a case under the NDPS Act. He had been in custody for 266 days. The petitioner's counsel argued that no narcotics were recovered from his possession and that any wrongdoing was committed by his employee, Santanu Banerjee, without the petitioner's knowledge. The NCB opposed the bail, submitting that the petitioner conspired with co-accused and facilitated the transportation of narcotics using invoices issued in the name of his tobacco company. The Court noted that the petitioner was a tobacco dealer with a GST number, which was misused to issue fake invoices for the transportation of 89 kgs of Poppy Straw. Interrogation of a co-accused indicated the petitioner's involvement in collusion for smuggling narcotics. The petitioner also has criminal antecedents.

Held

The Court rejected the bail application of the petitioner. The Court found that the petitioner, a tobacco dealer with a GST number, was involved in a conspiracy where his GST number was misused to prepare fake invoices for the transportation of 89 kgs of Poppy Straw. The interrogation of a co-accused, Santanu Banerjee, revealed the petitioner's involvement in collusion for smuggling narcotics. The Court also noted that the petitioner has criminal antecedents. Considering these incriminating circumstances and the statutory restrictions under Section 37 of the NDPS Act, the Court was not inclined to grant bail to the petitioner at this stage. The application for bail was thus rejected.

Key Issues

1. Whether the petitioner is entitled to bail under Section 439 of the Code of Criminal Procedure, considering the materials on record and the statutory embargo under Section 37 of the NDPS Act? Petitioner's arguments: The petitioner argued that he had been in custody for 266 days and that no narcotics were recovered from his possession. He further contended that any misdeed was committed by his employee, Santanu Banerjee, and that he was unaware of his employee's activities. Revenue's (NCB) arguments: The NCB opposed the bail application, submitting that the petitioner conspired with co-accused and assisted in the transportation of narcotics. They alleged that invoices were issued in the name of the petitioner's company, which deals in tobacco, to facilitate the smuggling. The NCB highlighted that the petitioner's GST number was misused to prepare fake invoices for the smuggling of narcotics, and that the petitioner has criminal antecedents.