IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40748 of 2009 SANJEEV MALLIK . Versus THE UNION OF INDIA . ----------- For the petitioner : Mr. N.K.Agarwal, Sr. Advocate Dr. Bidhu Ranjan, Advocate For the U.O.I. : Mr.Sajid Salim Khan, Advocate, C.G.C. 5 2.4.2010 Heard counsel for the petitioner and counsel appearing on behalf of the Union of India. The petitioner apprehends his arrest in a case under section 22 of the N.D.P.S.Act. It is alleged that the officers of the Preventive Unit Custom Division have effected seizure of Psychotropic Substance kept in cartoons from one Ramesh Kumar Yadav, a tempo driver, while he was carrying the same. On interrogation he stated that the cartoons contain medicine and on demand he did produce the relevant papers. He further disclosed that the said cartoons of medicines were given to him by one Sanjeev Mallik of Champanagar to deliver the same to one Vijay Srivastava. Counsel for the petitioner submits that the prosecution case refers to one Sajeev Mallik of village Champanagar but the petitioner though having the same name belongs to village Jaggannathpur. He further submits that there is no material on record to show that he was not seen at the time of loading of the alleged medicine in question. The petitioner has been implicated in this case on mere suspicion. In support of his submission, learned counsel has also produced a copy of the Voter Identity card, which was issued to 2 the petitioner much prior to the institution of the instant case to show that he belongs to village Jaggannathpur. A counter affidavit has been filed on behalf of the Union of India stating therein that the alleged medicine seized from the Tempo contains Psychotropic substance and as such the same will come under the purview of N.D.P.S.Act. It has been further asserted that the apprehended tempo driver has stated that at Champanagar the petitioner instructed him to deliver the medicine to one Vijay Srivastava. The aforesaid statement of tempo driver shows the involvement of the petitioner in the instant case. It appears that the alleged medicines seized from the Tempo contains Psychotropic substance and the apprehended tempo driver has stated that the same was given to him by one Sanjeev Mallik of Champanagar for being delivered to one Vijay Srivastava. The contention of the petitioner is that though his name is similar to that of accused Sanjeev Mallik of Champanagar but he is a resident of Jaggannathpur and not of Champanagar. The question whether the petitioner belongs to village Champanagar or Jaggannathpur or he is a different person then what has been described by the informant, is a matter of trial. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. However, if the petitioner surrenders and pray for regular bail, the same would be disposed of preferably on the same day on its 3 KHAN own merit without being prejudice by the fact that he moved this court for anticipatory bail. (S.P.Singh,J)