IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5371 of 2011 ====================================================== Sajahan Mollick @ Shajahan Mallic .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== 5 12-10-2011 Heard learned counsels for the petitioner and Union of India. The petitioner being one of the co-owner of the truck from which the seizure of 520 Kgs. of Ganja was made by the Custom Department is apprehending his arrest in a case registered under Section 20(b), (ii)(C), 23 and 24 read with Section 29 of the N.D.P.S. Act. It is admitted case that the cleaner and the driver were apprehended with the truck. It is also admitted that the truck was initially bought by this petitioner and one Nand Kishore Shaw. The complicity of Nand Kishore Shaw sprang up on the statement of the driver which was incorporated in para 8(VI) of the complaint which reads as follows:- “(VI) He is the driver of the said vehicle from last one year and loaded the said Ganja near Narayani factory in Nepal and was going to Raiganj of West Bengal. He has further confessed that his owner Sri Nand Kishore Shaw has directed him to load anything in case of shortage of money.” The complainant admittedly does not allege the complicity of the petitioner. The counter affidavit filed on behalf of the Custom Department stipulates that once the petitioner appeared before the Custom Department and his statement was recorded on 22.02.2010 and thereafter he is not appearing. Subsequently, the co-owner Nand Kishore Shaw was granted bail on 08.03.2011 vide Cr. Misc. No. 469 of 2011. His statement was recorded by the Custom Department. In his statement he admits that for all practical purposes, Nand Kishore Shaw is the owner of the vehicle in question which gets corroborated from the statement of the driver also. Though, learned counsel for the Custom Department submits that the power of attorney was executed by the petitioner in favour of Nand Kishore Shaw subsequent to the lodging of the case. The statement of the driver recorded on 03.03.2011 reflects that the query of the custom is more reflected towards purchase of the truck, status of the owner and list about the accusation. Considering the fact that the petitioner was not present when the recovery was made, neither the driver nor other co- owner Nand Kishore Shaw in their statement made any accusation against this petitioner, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Session Judge, East Champaran, Motihari in connection with N.D.P.S. Case No. 03/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bond of the petitioner will be accepted by the learned court below on the undertaking by the petitioner that he will appear before the Custom Department on for 17th to 21st of October, 2011 and on 14th to 18th of November, 2011 for getting the statement recorded, if the Custom Department requires they further direct the petitioner to appear before them. It is expected from the Custom Department to complete the investigation within a period of two months. Any default by the petitioner in appearance or non-compliance of the direction of the Custom Department will give liberty to the Custom Department to file an application for cancellation of the bail of the petitioner. Amrendra Kumar/- (Dinesh Kumar Singh, J)