Mohan Lal v Intelligence Officer, Directorate of Revenue Intelligence, , Ludhiana

Mohan Lal v Intelligence Officer, Directorate of Revenue Intelligence, , Ludhiana

Punjab And Haryana High Court

13 September 2013

CRM No. M-30246 of 2013

The Judgment was delivered by : Mehinder Singh Sullar, J.

1. As is evident from the record that, the first petition bearing CRM No.M-25910 of 2013 for regular bail filed by the petitioner, was dismissed as withdrawn by this Court, by means of order dated August 13, 2013.

2. The contour of the facts and material, which needs a necessary mention for the limited purpose of deciding the present 2nd petition for bail filed by the petitioner and emanating from the record is that, on 03.08.2011, the officers of Directorate of Revenue Intelligence (for brevity “DRI”), received a secret information that the petitioner and his other co-accused, while travelling in Indore-Amritsar Express Train, were bringing some contraband from Rajasthan. Consequently, they arranged surveillance at the Railway Station. Petitioner-Mohan Lal and his other co-accused Razia alighted from the train and started moving towards the parking. Two other persons who were sitting, on the bench of the Railway Station also started moving in the same direction. They were apprehended there and then by the officers of DRI.

3. Having completed all the codal formalities and in the wake of search, 1.495 kgs. opium was recovered from the underwear (Langot) of co-accused Razia. The statements of all the accused were recorded under Section 67 of the Narcotic Drugs & Psychotropic Substances Act, 1985(hereinafter to be referred as “the NDPS Act”). It revealed that accused Razia was working at the instance of main accused petitioner Mohan Lal and Goverdhan Singh. They used to ask Razia to bring opium from Rajasthan, as per direction given by accused Ram Singh and Babu Ram @ Kamaljit Singh. Likewise, a raid was conducted and 5.4 kgs. opium was recovered from the house of Babu Ram @ Kamaljit Singh. Meaning thereby, about 7 kgs.(5.4 kgs. + 1.495 kgs.) opium was recovered from the possession of the accused.

4. Levelling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that about 7 kgs. opium was recovered from the possession of the petitioner and his other co-accused, without any permit or licence. Petitioner is the leader of a gang of smugglers. In the background of these allegations and indicated recovery, the Intelligence Officer of DRI filed a statutory complaint (Annexure P-1) against the petitioner and his other co-accused, for the commission of offences punishable under Sections 18, 27-A, 29 and 61 of the NDPS Act.

5. Having exercised and remained unsuccessful before the Special Judge, now petitioner-Mohan Lal has preferred the instant 2nd petition for the grant of regular bail in the pointed criminal case, invoking the provisions of Section 439 Cr.P.C., in the manner depicted here-inabove.

6. After hearing the learned counsel for the petitioner, going through the record with his valuable help and after considering the entire matter deeply, to my mind, there is no merit in the present 2nd petition in this context.

7. Ex facie, the argument of the learned counsel that, since no opium was recovered and the petitioner was falsely implicated in this case, so, he is entitled to the concession of regular bail, is not only devoid of merit but misplaced as well.

8. As is evident from the record that, very serious and direct allegations are assigned that the petitioner and his other co-accused have hatched a criminal conspiracy. The petitioner is the main accused and leader of a gang of smugglers, who were smuggling huge quantity of opium from Rajasthan. He was travelling with carrier Razia, from whose possession 1.495 kgs. opium was recovered. The complicity of the petitioner is clearly born out in the commission of grave and heinous offences. They were arrested at the spot and in pursuance of the search, 5.4 kgs. opium was recovered from the house of Babu Ram @ Kamaljit Singh, co-accused of the petitioner. The opium recovered from coaccused Razia was brought by her and petitioner Mohan Lal, at the instance of co-accused Ram Singh and Goverdhan Singh. Thus, the petitioner is a member of gang, indulging in the business of selling opium in huge commercial quantity in a secret and immoral manner.

9. Sequelly, it cannot possibly be disputed here is that, the tendency and frequency of such illegal trade of opium adversely affecting the basic structure, fabric and health of the society, have been tremendously increasing day-by-day, which needs to be curbed with very heavy hands. Since, commercial quantity of opium was recovered from the possession of the accused and provisions of Section 37 of the NDPS Act are attracted, so, to my mind, the petitioner is not entitled to the concession of regular bail in the obtaining circumstances of the case. 10. In the light of aforesaid reasons, taking into consideration the nature & gravity of offences, involvement of the petitioner and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of the main case, as there is no merit, therefore, the instant 2nd petition for regular bail filed by the petitioner is hereby dismissed as such.

Needless to mention that nothing observed, here-in-above, would reflect, in any manner, on merits of the main case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail only.

Petition dismissed

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