IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.803 of 2009 RAJIV SHEKHAR JHA Versus THE UNION OF INDIA ----------- For the petitioner : M/s Tara Kant Jha, Sr. Advocate, Sameer Ranjan, Advocate For the Union of India : Mr. Sudhir Singh, A.S.G. 4 16.04.2009 The petitioner is in custody since 19.9.2008 in connection with NCB Crime Case No. C – 2A-4/2008 registered under sections 8, 22, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as “the NDPS Act”) on the allegation that 1676 Kg. of Methaqualone Tablets and 48 Kg. of Methaqualone Powder was recovered from the factory premises of M/s A.R. Chemicals, Hajipur (“the Company” for short) on 13.8.2008 of which the petitioner, according to the statements of the three persons arrested at the spot was the Director of the said the said Company. The submissions on behalf of the petitioner is that he was the Director of the Company for the past 20 years where paracitamol was being manufactured but on heavy losses taking place the production was closed in 1995. However, one Nissar Hussain Dar of M/s Biotech, Delhi (hereinafter referred to as the Delhi Firm) having shown interest in the Company, the factory was handed over to Nissar Hussain Dar under the resolution of the Board of Directors of the Company with the petitioner being authorized to handover physical possession to Nissar Hussain Dar and the 2 exercise was carried out on 1.5.2007. The petitioner as per agreement dated 1.5.2007 was authorized to complete the formalities regarding handing over of assets and liabilities of the Company to Nissar and subsequently by resolution of the Board of Directors of the Delhi Firm the petitioner was directed to open a bank account in the name of the Delhi Firm in Patna Branch of J & K Bank jointly with Nissar. It is further submitted that on 1.5.2007 a mutual agreement was arrived at between Nissar on one side and the petitioner on behalf of the Company in which Nissar undertook the entire assets liabilities and operations of the Company w.e.f. 1.5.2007 and it was agreed that the Company would not be entitled for any benefit till the liquidation of all the dues of B.S.F.C. was cleared. It is further said that after handing over the Company with all assets and liabilities the petitioner applied for service in Reliance Info Com. Engineering Pvt. Ltd. and was given an employment by appointment letter dated 12.3.2008 with initial posting at Patna and joined on 17.3.2008.. It is on this premise, that it has been submitted that the petitioner was in no way liable for the contraband items seized from the Company premises on 13.8.2008 and whatever materials had been seized was being manufactured and transported under the directions of Nissar. Certain documents have been appended as annexures with the petition to indicate that purchases of diesel for the Company was being made by Hamja Ali Ali alias Chhotu one of the brothers of Nissar who had been arrested on the spot. Affidavits of two of the 3 employees of the Company has been filed to show that since February, 2007 Hamza Ali took over charge of the factory and was paying their salary and the supply of raw materials and its transportation out side the factory was being made as per the directions of Md. Nissar and Hamja. Opposing the prayer for bail and having filed a counter affidavit the learned counsel for the Union of India submitted that the petitioner along with his lawyer Sri P.C.Agrawal had appeared before the Investigating Officer on 26.8.2008 in pursuance of summons issued under section 67 NDPS Act and his confessional statement thereunder was recorded in presence of his counsel wherein he admitted his involvement and thereafter on being produced before the Sessions Judge, Vaishali at Hajipur on 19.9.2008 he was remanded to judicial custody. It was further submitted that the three accused who had been arrested at the spot have admitted to the illicit manufacture of Methqualone and stated that the petitioner had knowledge thereof. It has also been submitted that no information was given to the Registrar of Companies about the change of ownership as per requirement of law and the account in J & K Bank still is continuing in the joint name of the petitioner and Nissar. Having heard the respective submissions advanced by the learned counsels for the parties I am of the opinion that the submissions advanced by the learned counsel for the petitioner are his defence and cannot be looked into at this stage. Moreover there 4 is nothing on record to show that the petitioner had applied for resignation from the Company and the same had been accepted by the Company. The letters showing purchase of diesel from Vaishali Auto Syndicate dated 13.9.2008 (annexure 11) and the affidavits sworn by Mahesh Ram and Brij Mohan Pandey on 13.9.2008 are non issues since they are dated after the date of raid and seizure and the documents were uncalled for unless they were made for tampering with evidence or building up a defence. In the facts and circumstances of the case I am not inclined to grant bail to the petitioner. His prayer for bail is accordingly rejected. Spd/- (Abhijit Sinha, J.)