IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32329 of 2010 RAJESH KUMAR GUPTA Versus STATE OF BIHAR & ANR ----------- 05. 27.01.2011 Heard learned counsel for the petitioner Sri Mayank Shekhar and Sri Gopesh Kumar, C.G.C. appearing on behalf of the State. 135 Kilograms of Ganja is recovered from truck bearing its registration no.WB41-A/5744 in Jars of Dalda, which was standing in abandoned condition. Submission of the learned counsel for petitioner is that no doubt he is proprietor of transport company, but Ganja was not kept in his agency rather that should be kept by its driver and Khalasi in between transport company and seizure place. In the case, custom officials received confidential information just after proceeding of the truck from petitioner’s agency. They remained vigilant all along, but truck did not proceed toward its destination. After covering some distance it was left abandoned by its driver and Khalasi can be connected easily by loading of Ganja with jars of Dalda. A counter affidavit has also been filed on behalf of Union of India. Local address of driver of the truck has also been found incorrect. Conscious possession is, if defined that never may be only with truck rather for all time, it shall be extended to driver, Khalasi, owner of the truck and to transport agency as truck is hired by the agency, quantity of Ganja, in discussed circumstance, in name of no conscious possession does not justify anticipatory bail to the petitioner as proprietor of transport company. 2 Accordingly, prayer of petitioner for anticipatory bail stands rejected. Vikash (Mandhata Singh, J.)