Rahul Singh Kushwaha vs. The State Of Madhya Pradesh

Held

The Court held that the applicant is not entitled to bail. The applicant has been implicated based on the statement of the driver of the vehicle and a memo under Section 27 of the Evidence Act given by a co-accused, Mohd. Zubair, who stated that Rahul Kushwaha of M/s Nikhil Pharma dispatched the cough syrup to Rewa and received an advance payment. The driver of the truck also corroborated that the consignment was to be delivered at Rewa. The Court noted that while the lorry receipt mentioned M/s Divyansh Traders as the consignee, there was no bill from M/s Divyansh Traders to any other consignee in Satna or on the route to Rewa. The Court found that the applicant's claim that the material was intended for M/s Divyansh Traders was not supported by evidence, and the goods were moved from one truck to another at J.K. Road, with the applicant allegedly assisting in this transshipment. The Court also observed that the statements under Section 27 of the Evidence Act, while subject to the ruling in Toofan Singh, could be used for corroborative purposes. The Court concluded that prima facie, it could not be said that the applicant is innocent and that the narcotic substance was not transported at his instance. Therefore, the third bail application was dismissed.

Facts

This is a third bail application filed by Rahul Singh Kushwaha, proprietor of M/s Secret Pharma, who is in custody since December 31, 2021. The applicant is accused under the NDPS Act and the Madhya Pradesh Drug Control Act. The prosecution alleges that cough syrup containing codeine was intercepted, and the applicant is implicated based on statements of co-accused and the driver of the vehicle. The applicant claims the drugs were dispatched by M/s Nikhil Pharma (a family firm) to M/s Divyansh Traders, and he cannot be held responsible for subsequent actions of M/s Divyansh Traders. The revenue contends that the applicant, as proprietor of M/s Secret Pharma, has no connection to M/s Nikhil Pharma, and no delivery challan was produced to show physical delivery of goods from M/s Nikhil Pharma to M/s Divyansh Traders. The intercepted consignment was billed in the name of M/s Divyansh Traders, but the destination was Rewa, not Bhopal where M/s Divyansh Traders is located.

Key Issues

1. Whether the applicant, Rahul Singh Kushwaha, is entitled to bail in Crime No. 339 of 2020 registered under the NDPS Act and the Madhya Pradesh Drug Control Act, considering his alleged involvement in the transportation of narcotic substances. Petitioner's Arguments: - The applicant is the proprietor of a licensed firm, M/s Secret Pharma, with a valid drug license. - The drugs in question were dispatched by M/s Nikhil Pharma (a family firm) to M/s Divyansh Traders, and the applicant cannot be held responsible for the actions of M/s Divyansh Traders. - Statements recorded under Section 27 of the Evidence Act are inadmissible in light of the Supreme Court's ruling in Toofan Singh Vs. State of Tamil Nadu. - The applicant is a young individual and has previously been granted bail in similar circumstances by co-ordinate benches. Revenue's Arguments: - The applicant is the proprietor of M/s Secret Pharma and has no connection with M/s Nikhil Pharma. - No delivery challan has been produced to show that the GST credit invoice created by M/s Nikhil Pharma was physically delivered to M/s Divyansh Traders. - The intercepted cough syrup was dispatched by Wings Biotech to M/s Nikhil Pharma, and if stock was to be transferred, a delivery challan in the hands of M/s Divyansh Traders would be required. - The material was forwarded by Wings Biotech, and the invoice was prepared by M/s Nikhil Pharma in favor of M/s Divyansh Traders prior to the dispatch date, suggesting potential manipulation. - The destination of the intercepted consignment was Rewa, not Bhopal, where M/s Divyansh Traders is located.