Monday, September 26, 2022

Supreme Court declines release of an accused in keeping contraband

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The Supreme Court declined to release Tikam Ram on bail who was keeping contraband i.e Charas (4.180 kgs) which was in commercial quantity and on the basis of disclosure statement of his son, the police intercepted and apprehended him.

The Petitioner Tikam Ram got apprehended for the offences under Sections 8, 20(b)(ii)(C), 25, 27-A, 28, 29, 30, 31, 60, and, 62 of the NDPS Act, 1985.

Petitioner counsel prays while seeking pre arrest bail before 2 Judges Bench that on basis of confessional statement of co accused i.e. son of the Petitioner Tikam Ram, I have been falsely implicated and arrested.

However, the Bench of Justice D Y Chandrachud and Justice Surya Kant observed that the Petitioner was the main supplier in this case.

The High court of Punjab and Haryana, while dismissing anticipatory bail plea filed under section 438 of CrPC, relying upon apex court judgment which laid down the ratio and held that not only weight of prohibited salt or of pure resinous substance, as, carried in seized psychotropic substance or in narcotic substance, is to be borne in mind rather also the entire or gross weight of seizure, is to be borne in mind, for making a conclusion that whether the weight of the seizure falls hence within category of small quantity, intermediate quantity, or commercial quantity thereof. Therefore, the weight of entire seizure or gross weight makes seizure to fall within domain of commercial quantity. The rigors of section 37 of NDPS Act applies.
The fact of the matter is that on 6.06.2021, a secret information was received, that a person named Deepak Sharma, Amar Singh are carrying a huge quantity of Charas, so that such drug to be handed over to a person. Both the three accused persons namely Deepak , Amar Singh and Sarthak Shirshu intercepted by Police and 4.180 kgs. Amar Singh Chauhan disclosed that he on various occasions delivered charas to person named guruji.

The contentions put forward before the High court while seeking grant of anticipatory bail to accused Sarthak Shirshu, who is the son of the Tikam Ram, also disclosed that, on the direction of his father Amar singh, another accused who had delivered charas to one Guruji Tikam Ram who is the father of accused–Sarthak Shishu, is contended to be the principal offender.

For the State of Haryana, contentions on behalf of prosecution were that the call detail reports amongst Deepak Sharma, Amar Singh Chauhan, Sarthak Shirshu, and Tikam Ram do also establish close links amongst them.

One of the ground raised by Tikam ram through counsel that Tikam Ram was not apprehended on the spot, nor any recovery were effected from his possession.

The Prosecution in their reply further submitted that Tikam Ram procured contraband from Dharam Chand @ Dharmu, for further supply through co-accused to one Guruji, who was in direct contact with Tikam Ram.

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