IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7143 of 2009 R.K.GUPTA @ RAMESH KUMAR GUPTA, SON OF LATE SRI B. N. GUPTA, RESIDENT OF CHHATNAG ROAD, JHUNSI, POLICE STATION JHUNSI, DISTRICT-ALLAHABAD. …..Petitioner. Versus THE UNION OF INDIA & ANR …..Opposite Parties. For the Petitioner : Mr. Chitranjan Sinha, Sr. Adv. For the State : Dwivedy Surendra, Asst. Counsel of Central Government ----------- 10/ 15.02.2010 Heard learned Counsel for the petitioner and learned Counsel for the Union of India, Narcotics Control Bureau. The petitioner is accused of the case which has been registered under Sections 8/22/29 of the Narcotic Drugs and Psychotropic Substances Act. The petitioner was posted as Intelligence Officer in Narcotics Control Bureau, Zonal Unit, Varanasi from March 2002 to January 2008 on deputation. After expiry of the period, he joined his parent department National Technical Research Organization, Government of India, New Delhi. Allegation is that the petitioner’s wife was involved in a business along with M/S A.R. Chemicals, Hajipur. The petitioner has introduced Rajeev Shekhar Jha with co-accused Nisar Hussain Dar while he was working as 2 Intelligence Officer at Varanasi on his deputation. Methaquolone tablets were being prepared in M/S A.R. Chemicals at Hajipur and it was done in full cooperation of the petitioner. All accused persons namely the petitioner and others were involved in preparation of the tablets. A raid was conducted and seizure of 1676 Kgs. of Methaquolone tablets and other materials was made. A seizure list was prepared. The original seizure list was filed on behalf of the prosecution agency. The petitioner was arrested by the prosecution agency. It has been further alleged that the conspiracy of the petitioner was actively there and also at the time of inauguration of the factory, the petitioner was present and it was a joint venture of the petitioner. It has been submitted that the petitioner was posted as Intelligence Officer and he was not at all concerned with any job or any activity of the factory. He has been implicated only because of Mr. N.S. Bist was behind him. He wanted to ruin carrier of the petitioner and he has been succeeded therein. It has also been submitted that the Intelligence Officer of 3 Narcotics Control Bureau, Lucknow namely Mr. N.S. Bist has falsely implicated him on account of personal grudge. The weight, colour etc. of seized articles also differed. So, the petitioner is not at all responsible for the occurrence. Learned Counsel appearing on behalf of Union of India, Narcotics Control Bureau has submitted that in course of investigation, it has come that the petitioner was active participant in the commission of offence through his wife, who was having 10% share in this illegal trade. It has also been submitted that co-accused Rajeev Shekhar Jha (in Cr. Misc. No. 803 of 2009) on 16.04.2009 and Nisar Hussain Dar (in Cr. Misc. No. 33287 of 2009) on 16.10.2009 have been refused bail. Considering the facts and circumstances of the case, I am not inclined to grant bail to the above named petitioner. Accordingly, his prayer for bail is rejected. kksinha/ ( Shyam Kishore Sharma, J.)