Not Believable That Accused Was Not Aware Of 3,842 Kg Ganja In His Truck: Supreme Court Sets Aside Order Granting Bail

The Bench of Justice Bela M. Trivedi and Justice Pankaj Mithal while setting aside the order of the High Court granting bail observed, “Having regard to such a huge quantity being carried in the truck, it is not believable that the respondents were not aware about the contents of the consignments being carried in the truck.”

The present appeal before the Court was filed by the Union of India against the order passed by the Allahabad High Court, whereby the accused were released on bail.

The Additional Solicitor General KM Nataraj appeared for the appellant, while Advocates Bimlesh Kumar Singh and Preetika Dwivedi appeared for the respondents.

The ASG submitted that the Court has already cancelled the bail of the co-accused mainly on the ground of the non-compliance of the provisions contained in Section 37 of the NDPS Act and in the instant case also, the High Court has failed to take into consideration the said compliance.

In opposition, the counsel for the respondents argued that the respondents were not aware of the alleged Ganja being carried in the truck as they were only the driver and the helper. Also, the counsel submitted that there are no criminal antecedents against the said respondents.

The Bench noted that the impugned order passed by the High Court is not in consonance with the provisions contained in Section 37 of the NDPS Act, which provides inter alia that no person accused of an offence involving commercial quantity shall be released on bail unless twin conditions are satisfied, namely, “ the Public Prosecutor has been given an opportunity to oppose the bail application, and the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offense and that he is not likely to commit any offense while on bail.”

The Court also observed both respondents were found to be in possession of the contraband substance, namely, Ganja, weighing about 3,842 Kg. in the truck driven by respondent No.1 and he was accompanied by respondent No. 2. The allegations are also made that the registration number of the vehicle was fake and the addresses mentioned on the consignments were also found to be forged.

Finally, the Court quashed and set aside the impugned order passed by the High Court and directed the respondents to surrender before the Trial Court within two weeks. Also, the Court directed the Trial Court to expedite the trial and conclude the same as expeditiously as possible, preferably within one year.