Court No 25

Added: 2026-05-28

[00:00:04]It is after My name is also not shown my lord.

[00:00:11]>> Then six list the matter.

[00:00:13]When you differ >> After 10 days my >> Did it Showing the name of Mr. Doctor is Petitioner school of I should have >> In so far as item number 17 is concerned lost Can we on 8th >> Your day >> Yes my lord.

[00:00:41]I am sorry I am sorry my lord. In fact my lord the The CR was called for my lord. The record of the court came my lord.

[00:00:51]If my lord the CD is not available, so he wants to claim it.

[00:00:56]>> At 17 you write CD The CR is received but without the CD.

[00:01:03]Hence call for the CD as well.

[00:01:08]List again on >> It's motion of it then.

[00:01:13]>> I am obliged my lord.

[00:01:17]>> Worship I beg to mention item number eight worship. A matter has been charge sheeted worship.

[00:01:23]>> Close.

[00:01:25]>> Petitioner number two was on interim worship. Not one, petitioner number two worship.

[00:01:30]>> And what do you mean you mentioning it for what adjournment?

[00:01:34]>> And worship >> For trial?

[00:01:35]>> Uh worship it may be Uh worship they'll file in lower court trial court.

[00:01:42]>> Then let it be called up.

[00:01:44]>> For worship >> Without seeing the file what order can we pass?

[00:01:46]>> Worship okay.

[00:01:51]>> My lords and worships worship I beg to mention item number 12.

[00:01:55]Mr. Aman could not be due to some personal >> All right.

[00:02:02]On the prayer of learned counsel for the petitioner is the matter again on when?

[00:02:08]>> Next week, any day.

[00:02:10]>> All right.

[00:02:11]>> 8 June.

[00:02:19]>> Yes, 12.

[00:02:24]Okay.

[00:02:28]>> Well, in this case, bail petition has come, but it should come along with the criminal petition 538 of 26.

[00:02:38]The counsel is here, but I do not find him.

[00:02:45]>> He's perhaps busy with something else today.

[00:02:49]>> In fact, madam, my bail petition was rejected and could not considered uh because we have challenged the the extension of the time of the investigation.

[00:02:57]So, that is under challenge, but the under new court said that you file first file a revision challenging that extension. That bail will be considered.

[00:03:06]The rest of bail has come, but a revision I have filed already filed 538 of 26. That has not come. So, I pray that it should come along with it.

[00:03:14]>> And Mr. S. C. Biswas and learned additional BP list this matter along with >> My criminal petition number 538 of 26.

[00:03:24]>> On?

[00:03:24]>> Immediate. Any date, madam, I have to note.

[00:03:28]9 6.

[00:03:28]>> 9 June.

[00:03:30]Develop.

[00:03:34]>> Tomorrow too.

[00:03:36]>> PP is not here. Don't write PP. Learned Left regional office.

[00:03:48]>> Sir, this is a associated case, lordship.

[00:03:51]Commercial quantity, lordship The petitioner is behind the bars as on that lordship 229 days lordship.

[00:04:00]Charges are framed against the petitioner under section 21 C of NDPS Act.

[00:04:05]Lordship >> Mhm.

[00:04:08]And what is your ground?

[00:04:09]>> My ground is lordship the violation of fundamental rights also.

[00:04:12]I have mentioned two ground lordship.

[00:04:15]One ground I have mentioned in the our our main petition and another ground we have mentioned in the additional affidavit your honor with your lordship which is filed on 5 to your honor.

[00:04:26]>> That copy we have not received that.

[00:04:30]It is too late.

[00:04:32]>> Beyond 24 hours, sir.

[00:04:34]Given to us.

[00:04:36]Lordship, we have taken really lordship that arrest memo the investigating authority lordship the time of arresting lordship they prepare a memorandum of arrest which should be addressed attested by at least one witness who may be the family member of the person who got arrested or any respected person of the locality lordship.

[00:04:56]But in this present case lordship in the arrest memo lordship in the witness column lordship two witnesses' signatures are there, but both are police persons lordship.

[00:05:05]>> UBC 356 so-and-so UBC 427 so-and-so.

[00:05:11]Mhm.

[00:05:12]>> So, my contention is that lordship this it taking signature of police personnel lordship it cannot be take to be fulfilled the purpose of section 36 B of BNSS lordship.

[00:05:24]And section 62 of BNSS also said arrested should should be made only as per the Sanhita.

[00:05:31]Strictly as per the Sanhita section 62 of BNSS lordship.

[00:05:35]And my other ground lordship he was produced before the nearest magistrate beyond 24 hours lordship kindly >> Why haven't you furnished copy to them?

[00:05:46]>> Lordship >> Why haven't you furnished copy to them of your additional affidavit?

[00:05:50]>> The additional affidavit we have got to serve.

[00:05:54]Lordship, our main petition, Lordship, the document available in in our main petition also, Lordship, the FIR itself states, Lordship, if Lordship peruses the >> It was not taken in the petition.

[00:06:09]>> As per FIR, Lordship, if accused person was detained on 6:19 a.m., Lordship, at Guwahati railway station, Lordship, platform number three during checking, Lordship.

[00:06:23]And I have annexed the seizure list also, Lordship.

[00:06:27]As per seizure list also, Lordship, the date and time of seizure is 9/10/2025 at 8:38 a.m., Lordship, on 9th. But I was produced on next day, on 10th.

[00:06:42]I would have produced on 9th itself.

[00:06:46]Because I was apprehended on 6:10 a.m.

[00:06:49]and the seizure seizure was made on 8:38 a.m. itself.

[00:06:53]I I would have produced on the same day, Lordship.

[00:06:56]But I was produced on the next day.

[00:06:59]And Lordship, with regard to that, Lordship, I have I'm relying on order of your Lordship.

[00:07:06]>> No, from where do we find that you were produced in season at season on >> Lordship, forwarding order is there, Lordship.

[00:07:14]>> Time is mentioned?

[00:07:15]>> It's not mentioned, Lordship. Time is not mentioned, Lordship.

[00:07:18]>> Good.

[00:07:20]>> Date is mentioned on 10th, Lordship. I have mentioned in my petition that I was produced after 2:00 p.m., Lordship.

[00:07:27]Usually they used to produce after 2:00 p.m., Lordship.

[00:07:31]And I have found, Lordship, I have annexed the medical that is in that is in the in my, Lordship, additional affidavit, medical examination report of the >> What is the place of arrest?

[00:07:46]>> Party railway station, lordship.

[00:07:48]Platform number three, lordship.

[00:07:50]>> And the place of It is >> walking distance from our court, lordship.

[00:07:58]Time of travel also if excluded also, then also, lordship.

[00:08:03]This filing There is violation, lordship.

[00:08:06]And lordship, In the lordship, anything in the city >> showing >> Scan copy was called for that.

[00:08:16]Let's mark the red again.

[00:08:20]Yes, that is available. That will be available on the scan copy of it.

[00:08:22]>> Section 47 and 48 So, that is due that those sec- So, notices were duly complied with, lordship. So, those probably >> Yeah, it is this this If on this issue we goes out, then no point in going to all that.

[00:08:55]>> Nature is there.

[00:08:58]The copy is over there.

[00:09:01]Lordship, kindly may peruse, lordship, the medical report of the accused, lordship, when he was brought for medical examination before forwarding.

[00:09:13]In that medical report, time is shown, lordship.

[00:09:17]And thereafter, there was he was produced before the court.

[00:09:22]At least thereafter.

[00:09:25]If not after 2:00 p.m. also, >> Submitting your lordship's order passed on 13 5 2026 similar metal lordship commercial quantity.

[00:10:14]13 5 You said Like you have said.

[00:10:23]It is in >> The arrest memo it is sooner 7:00 p.m.

[00:10:36]>> Yes, lordship.

[00:10:42]In various cases, lordship >> The seizure is at 8:00 8:38 a.m. then.

[00:10:47]>> Yes, lordship.

[00:10:52]Formal arrest.

[00:11:16]>> Action memo date and time of arrest 9:10 2025 at blank.

[00:12:05]>> I would like to submit one another order lordship whereby your lordship observed that the independent witnesses required in the arrest memo lordship. Then wording report all the Supreme Court judgments have been quoted Anish Kumar, Muhammad Muslim, Pankaj Bansal, Pradeep Purkayastha, Vian Kumar some that I have not heard of and then date and time of arrest 9 10 2025 at blank.

[00:12:33]>> Time is blank.

[00:13:11]>> The police forwarding is concerned lordship either time of information was recorded lordship that is about 6 19 a.m.

[00:13:23]>> Doesn't help us.

[00:13:24]>> information was received. Thereafter when the police apprehended him that was not their notion.

[00:13:30]But he was arrested on 9/10.

[00:13:38]The same day, Lordship.

[00:13:40]The next day he was forwarded for judicial custody.

[00:13:44]>> They conducted the checking.

[00:13:47]>> Yes, but at what time they had apprehended that is that is not their notion.

[00:13:56]>> They began the checking at 6:10 a.m.

[00:13:58]>> Yes, Lordship.

[00:14:03]No, Lordship. May I read, Lordship?

[00:14:05]>> The third line.

[00:14:06]>> Forwarding at phase 14, Lordship.

[00:14:09]>> Second para, third line.

[00:14:10]>> Yes, the brief of the case is that so and so on 9:10 25, complainant so and so lost an FIR at this GRPS to effect to the effect that on the same day at around 6:10 19 a.m. UBC of Guwahati reported through a phone call that today today at around 6:10 a.m.

[00:14:30]>> During the checking.

[00:14:31]>> Checking conducted by >> The checking was conducted.

[00:14:41]The 8:30 at seizure list was already ready, so his arrest was at least prior to that.

[00:14:47]>> Moreover, Lordship Page 18.

[00:14:56]Moreover, Lordship, in the FIR also Lordship it is stated thereafter all seized article along with apprehended accused person. That means we had apprehended person.

[00:15:06]Were brought to GRPS and handed over the seized article as per seizure list in the FIR itself it is stated.

[00:15:19]>> Photograph for the benefit of media along with accused. Allow me to take use Deadline and timeline is given 9:22 a.m.

[00:15:33]Okay.

[00:15:38]Even if he was not produced at 2:00, he was certainly not produced before 10:30.

[00:15:46]And that way also another I think gap of 2 hours.

[00:15:51]>> Only contention is this, lordship.

[00:16:01]This Darshan versus State of Karnataka, lordship.

[00:16:08]>> Subash Sharma is specific to the point.

[00:16:17]Okay. Simple.

[00:16:21]>> I beg your pardon.

[00:16:24]>> My blessed lordship.

[00:16:33]And if we are allowed to pass over this matter, my lord.

[00:16:36]>> Today.

[00:16:38]>> After After 1 week, my lord.

[00:16:39]>> Huh?

[00:16:40]>> After 1 week, my lord.

[00:16:41]>> On the prayer of learned counsel for the petitioner, list the matter again on The list.

[00:16:50]>> My blessed lordship.

[00:16:58]>> May it please lordship.

[00:17:02]Lordship, I was arrested on 18th of November 2025, that is 190 days till today.

[00:17:10]And my ground is that we got detention, lordship.

[00:17:14]The earlier case, you My ground is illegal detention, lordship.

[00:17:19]of the 300 at a.m.

[00:17:28]on 17th of November which which is mentioned in the page number 12 which >> Is there is available >> Yes, can copy you must Page numbers 12 the third line at about 6:25 a.m. they have stopped one Maruti Suzuki Swift silver color bearing the >> Where where where?

[00:18:01]>> Page number 12 12 >> Page page 15 Page >> 12 12 >> Page 15 which >> third line >> FIR >> FIR FIR FIR is FIR Forwarding also the same thing is mentioned the same forwarding is mentioned page number 15 which the forwarding it is page fourth line >> Then production >> Then which is mentioned >> This is on 17/11 >> 17/11 which >> a.m. 10:00 a.m.

[00:18:57]>> which >> Then this is production on 18th >> I was produced on the 18th which Search and seizure was made before 11:30 and I reached at 12:10 p.m.

[00:19:14]at Then the my arrest has been shown at 10 8:10 p.m., lordship.

[00:19:22]On 13th, as per the arrest memo, which is page number 18, lordship.

[00:19:35]Page number 18, my arrest has been shown 8:10 p.m., lordship.

[00:19:41]But in the arrest memo on the page number 17, lordship, my arrest has been shown 10:10 p.m., lordship.

[00:19:51]2 hours later, lordship.

[00:19:54]Difference from the arrest memo and 47 notice.

[00:20:02]Arrest memo page number 17.

[00:20:09]Column number seven, date and time of arrest is on 17th, 10:10 p.m., lordship.

[00:20:16]But on the page number 18, the the section 47 notice, my arrest has been shown in 8:10 p.m.

[00:20:46]Then I had been produced on 18th.

[00:20:48]My medical examination was done on 17th, lordship.

[00:21:03]6:25 to next 18th, 6:25 is 24 hours, lordship.

[00:21:10]I'm produced at 10:00 a.m. also. That It will over the more than 24-hour slush.

[00:21:25]>> What is the place of arrest?

[00:21:28]>> The light in the alley, slush.

[00:21:30]>> Huh?

[00:21:31]>> The light in the alley.

[00:21:34]>> The light in the alley is where >> I think it's slush.

[00:21:40]>> What is the distance to Depu?

[00:21:42]>> Yes.

[00:21:45]20-25 km slush.

[00:21:54]Half an hour distance, slush.

[00:21:57]I don't know. It would be 1 hour, slush.

[00:22:02]Maximum 1 hour. But nowadays roads are not so good.

[00:22:24]>> Let's show what to do.

[00:23:03]And after completing all the formalities even at night they can produce due to my estate is always available.

[00:23:14]>> It's all the commercial quantity only because of prosecution.

[00:23:19]demonstrable Prejudices has been caused to the petitioner. That is not anything found on record action.

[00:23:28]I have been prejudiced.

[00:23:30]Prejudice procedure.

[00:23:31]>> Question of prejudice is not allowed to be raised when a violation of constitutional provision is concerned.

[00:23:40]Statutory provisions okay, but this is a constitutional provision.

[00:23:48]Statutory provision maybe we can this way that way we can explain away. It's a different thing.

[00:23:57]Yes, next.

[00:24:00]>> I bless.

[00:24:40]Also commercial quantity 22 >> This name is shown.

[00:24:56]For your appearing.

[00:24:57]>> Who do you want to be doing?

[00:25:00]>> I think it's number five.

[00:25:03]I think it's number five.

[00:25:05]>> I think it's number five.

[00:25:08]>> I think it's number five. I think it's number five.

[00:25:13]I think it's number five.

[00:25:18]>> I think it's number five.

[00:25:20]I think it's number five.

[00:25:22]I think it's number five.

[00:25:26]I think it's number five.

[00:25:29]I think it's number five.

[00:25:35]I think it's number five.

[00:25:40]I think it's number five.

[00:25:43]I think it's number five.

[00:25:46]I think it's number five.

[00:25:50]I think it's number five.

[00:25:53]I think it's number five.

[00:25:57]I think it's number five.

[00:26:00]I think it's number five.

[00:26:03]I think it's number five.

[00:26:07]I think it's number five.

[00:26:10]I think it's number five.

[00:26:15]I think it's number I think it's number I think it's number I think it's number I think it's number I think it's number five. I think it's number five.

[00:26:48]I think it's number I think it's number >> His only interim bill continue.

[00:27:06]Up-to-date CD not received as submitted by learned additional PP.

[00:27:13]Hence, list the matter again on The pleasure laughs at Interim order passed today, 20 Next date of listing.

[00:27:38]The eighth charge sheet submitted from You will appear?

[00:27:43]The ship Actually, one of the petitioners have been granted interim mercy.

[00:27:47]Uh petitioner number two, petitioner number one has not been granted.

[00:28:03]Matter relates to beat lordship, but FSL report is not there.

[00:28:08]Earlier FSL report was called along with case diary.

[00:28:16]But the it will resulted in charge sheet and also, report will be there.

[00:28:27]What is this cattle uh Cattle preservation Transportation or beef or what?

[00:28:33]Not transportation, lordship. Meat has been found in the in the premises of his home.

[00:28:39]I learned counsel for the petitioner and learned to PP is submitted that charge has already been filed in the case.

[00:28:52]But, uh allegations in the instant case pertain to suspect, uh pertain to smuggling of beef.

[00:29:39]And possession of stolen cattle also is there, I think.

[00:29:43]>> Stolen cattle also, regarding stolen >> Suspected stolen cattle.

[00:29:46]>> Yes, we have receipts regarding that, also.

[00:29:49]We have also annexed some of the receipts, lordship.

[00:29:54]That is from page 25 to 32, lordship.

[00:30:04]>> The petitioner number who has granted bail?

[00:30:07]>> Petitioner number two was granted interim bail, lordship.

[00:30:09]>> To Amir Jahan Ali was granted pre-arrest bail.

[00:30:18]Okay.

[00:30:20]Having regard to the fact that in the investigation is over, the interim pre-arrest bail in respect of petitioner number two, Amir Jahan Ali dated 19 to 26 is hereby made absolute.

[00:30:42]For his number one Bulu Ali is concerned.

[00:30:47]He may appear before the learned trial court and apply for regular bail which shall be considered and disposed of as per law.

[00:31:01]Petition stands disposed of accordingly.

[00:31:04]Apply to this.

[00:31:11]>> I also search it up.

[00:31:14]I don't entertain this. They appear before the higher officer and >> Mhm?

[00:31:18]>> They appear before the higher officer.

[00:31:19]They were They were They were on bail officer.

[00:31:21]And they were the owner of the vehicle officer.

[00:31:24]So, they appear before I order I recorded their vehicle also given to my They have taken custody of the said vehicle officer.

[00:31:41]>> All right, since he has been on interim bail alone.

[00:31:47]What order did it?

[00:31:49]25 3 26, okay.

[00:31:52]There are one, two, three.

[00:32:07]All right, it appears that the owner of the cattle had already been granted bail by the competent court.

[00:32:18]Of the present petitioner has was also granted interim bail.

[00:32:25]Interim period is bail.

[00:32:28]In this uh not in this by order dated 25 3 26.

[00:32:35]Learned additional PP submits that as it has already been submitted wide CS number >> A CS number may 37 30th 31 3 2000 >> Having regard to the fact that the petitioner has cooperated with the investigation.

[00:33:10]Uh Investigation comma which is already over comma the order of entering previous bail hereby made absolute.

[00:33:25]Petition stands disposed of accordingly.

[00:33:30]>> Honorable Lordships >> 11 CD not reasonable.

[00:33:42]Here on interim matter.

[00:33:45]>> You did not receive list again on so and so interim order passed earlier to continue till the next date of listing.

[00:33:51]>> Obliged.

[00:33:52]>> My Lordship and for the petitioner in item number 11 for the applicant.

[00:33:55]My Lordship on the last occasion your Lordship had passed an order for this matter to be listed before the bench of honorable Justice Shamima Jahan.

[00:34:02]Because she has already disposed two bail applications connected with the same FIR.

[00:34:09]>> We are on 10 and 11. You are on >> I'm for 11.

[00:34:12]>> 11 >> Yes your Lordship Dilbar Hussain.

[00:34:14]I'm for the applicant.

[00:34:15]>> This will be for 8. Okay.

[00:34:17]These are from from the same FIR.

[00:34:19]>> Uh yes your Lordship.

[00:34:24]>> I get listed before me again.

[00:34:45]>> Then if I am >> Yes.

[00:34:46]>> Both cases?

[00:34:47]>> Both cases.

[00:34:52]>> Then both should go to the same bench.

[00:34:54]List both both the matters on before the appropriate bench within bracket. Yes, Jahanji.

[00:35:02]>> Sir, in the immediate quantity >> Interim interim >> That I have already said.

[00:35:05]>> In 11 as well, okay.

[00:35:09]7 June.

[00:35:11]Actually, there's an interim in 11 as well.

[00:35:13]>> Both cases >> I took the adjournment, sir.

[00:35:17]>> I'm ordering both cases.

[00:35:21]>> Sir, not yet.

[00:35:25]I took the adjournment, sir.

[00:35:27]>> Uh hearing uh your lordship, this is an application under 482 of the BNSS. The sections which have been imposed are section 22C, 25, and 29 of the NDPS Act.

[00:35:39]Uh now, I am the registered owner of the truck.

[00:35:44]Facts are that on uh 17/8/23, this truck was proceeding through a naka checkpoint. Thereafter, it was stopped.

[00:35:52]And uh on uh checking of the entire vehicle, uh under some potato bags, about 6,100 bottles of codeine phosphate that was apprehended along with the uh co-accused, that is the driver of the vehicle.

[00:36:07]Now, uh my uh apprehension is that uh in the FIR, my name was not there.

[00:36:15]Thereafter, I was charge-sheeted on 31/12/2023 only on the ground that I am the registered owner of this particular truck.

[00:36:28]So, thereafter I have the uh there have I have the apprehension.

[00:36:32]>> You are not present during recovery.

[00:36:34]>> No, no, no. I was not present during recovery. So, that is basically my point that for them to show that this section 25 to attract section 25 and 22C, the prosecution has to first prove the foundational facts that I have knowingly allowed this vehicle to be uh used for transporting the narcotics or contraband.

[00:37:00]So, that to address my argument, I'd like to produce this judgment passed by the effects court in Bhola Singh versus State.

[00:37:23]>> So, you had knowledge or not that has to be inferred from surrounding facts and circumstances.

[00:37:28]>> So, I I have also annexed one agreement uh which is at page 30. Agreement with this driver >> Why didn't you Why didn't you respond to notice from the police?

[00:37:41]>> That is the only incriminating factor because yeah, I have the apprehension that if I appear, then I'll be arrested.

[00:37:51]167 notice was issued. I did not appear.

[00:37:54]And I also applied for a zimma that was allowed by the court below.

[00:37:59]But I have that apprehension that if I go and appear before DIO, I'll be arrested immediately.

[00:38:07]>> Madam, this is a case of common >> That I'm not denying.

[00:38:11]>> are records of 37 will come. And secondly, your lordship see kindly see that these goods were recovered from a secret chamber.

[00:38:19]As this agreement, my lord, whether this is valid or not, we don't know, my lord.

[00:38:25]And my lord, that secret chamber, without his knowledge and from the uh diverse deposition, my lord, nothing has that that any agreement has been executed.

[00:38:37]>> That is already there. I have annexed it.

[00:38:39]>> My lord, that is he can annex it.

[00:38:41]>> And whether whether they have discharged their burden, that has been >> My lord, facts and circumstances, my lord, regarding that secret chamber, if I own say a vehicle and I'm there the secret chamber, my lord, but I will not know, my lord.

[00:38:56]>> Till the the burden has to be discharged beyond beyond reasonable doubt.

[00:39:02]>> is not trial, my >> How do you say beyond reasonable doubt?

[00:39:04]>> This is my beyond beyond reasonable doubt will come during trial, my lord.

[00:39:07]>> Your lordship, may I take your lordship to paragraph 10 and 11 of the Holasingh judgment?

[00:39:13]>> Holasingh judgment is a settled law, my lord. That is different, my lord.

[00:39:16]Every yes, every facts and case of that is different, my lord.

[00:39:20]>> How is it different? I'm not understanding. Here also the Holasingh judgment, here also similar situated, the owner he applied for he he was acquitted and he was the owner of the vehicle. Another person was apprehended. So, in that regard, the at paragraph 10, your lordship may come.

[00:39:45]I'll read that para. While dealing with the question of possession in terms of section 54 of the Act and the presumption raised under 35, this court in Noor Aga Khan versus State of Punjab, while upholding the constitutional validity of 35, observed that as this section imposed a heavy reverse burden on the accused, the condition for applicability of this and other related sections would have to be spelled out on facts and it was only after the prosecution had discharged the initial burden to prove the foundational facts that 35 would come into play.

[00:40:26]So, here in this case, the foundational facts has not been discharged. Then 11, applying the facts of the present case to the cited one, it is apparent that initial burden to prove that the appellant had the knowledge that the vehicle he owned was being used for transporting narcotics still lay on the prosecution, as would be clear from the word knowingly.

[00:40:52]And it was only after the evidence proved beyond reasonable doubt that he had the knowledge would the presumption under 35 arise. Section 35 also presupposes that the culpable mental state of an accused has to be proved as a fact beyond reasonable doubt, and not merely when its existence is established by preponderance of probability. Here, whatever the prosecution is stating is only the preponderance of probability.

[00:41:23]How can they say that I have knowingly done it? We are of the opinion that in the absence of any evidence with regard to the mental state of the appellant, no presumption under 35 can be drawn. The only evidence which the prosecution seeks to rely on is the appellant's conduct in giving his residential address in Rajasthan, although he was a resident of Fatehabad in Haryana.

[00:41:49]While registering the offending truck, cannot by any stretch of any stretch of imagination fasten him with the knowledge of its misuse by the driver and others. So, similarly circumstantial rupture.

[00:42:02]Here also I have denied that I have already given the vehicle for plying to the driver, and later after a month, he He caught along with the contraband. So, I have totally denied that I was not knowing about the fact. Neither did I have any direct control.

[00:42:17]So, under such circumstance, it is the founded it is the duty of the prosecution to discharge the foundational facts first.

[00:42:27]>> My lord, this is the my learned friend with the judgement which my learned friend referred into.

[00:42:32]Those are during trial matter. This is bail matter. Prosecution knows the commercial quantity. This type play while granting bail, my lord. And secondly, my lord, how this reverse burden going by my learned friend's word, my lord, how that reverse burden my learned friend has denied regarding those secret secret chamber. In Bhola Singh case, there was no secret chamber, my lord.

[00:42:57]Can you show from Bhola Singh case, my lord?

[00:42:58]>> It was a case only of giving a wrong address.

[00:43:03]>> Apart from that, my lord, his conduct.

[00:43:05]If he had that my lord this agreement, why didn't he put it before police, my lord?

[00:43:12]Neither he has applied for any That cannot be a ground in a commercial quantity, my lord.

[00:43:19]>> And another thing I'd like to read, your lordship, section 25 of the NDPS Act.

[00:43:52]>> Uh if prosecution proves beyond reasonable doubt as held in paragraph 11, that he unknowingly did then what is left for drawing a presumption?

[00:44:05]>> Yes, my lord.

[00:44:07]And that beyond reasonable doubt question will come during trial, madam.

[00:44:10]How do you mean investigation?

[00:44:13]>> Uh your worship, I'd like to refer another judgment passed by this court in a bail application.

[00:44:31]As he's talking about bail application, now here I'd like to uh refer uh the same Bola Singh judgment was referred at para five of this particular judgment. Thereafter, um from para six I'll read.

[00:44:48]Um >> It is I It was found who who counsel in our back many bags of money on >> Many bags and >> No secret chamber in this case also.

[00:45:02]Give me a case of secret chamber.

[00:45:04]>> Uh your lordship may grant me some time if I find >> All right, take time.

[00:45:16]>> It'd been a case of carrying those articles by the driver in a loose manner. That would have been different issue.

[00:45:27]>> Next week, your lordship may fix. I'll try to get a judgment.

[00:45:30]>> Mhm. On the prayer of learned counsel for the petitioner, list the matter again on so and so so as to enable learned counsel to submit irrelevant authorities.

[00:45:49]>> 9 June.

[00:46:02]I believe your lordship. As petitioner is in need interim lordship.

[00:46:06]The allegation in the section 3032, that is theft of vehicle.

[00:46:10]Vehicle has already been recovered and >> I have already submitted here, ma'am.

[00:46:16]>> Vehicle has already been recovered and already I I and this interim since 6426 has also appeared before the IO lordship.

[00:46:28]Statement has already been taken.

[00:47:40]>> Whether search has been filed against him?

[00:47:42]>> That information we don't get, my lord.

[00:47:44]We only get the number.

[00:47:46]>> Maybe he has not been That could also happen.

[00:47:54]So, in that event, even if if we pass an order of bail, that also looks Better have a look at the I see it.

[00:48:04]And there's an interim anyway.

[00:48:39]>> Interim maybe continued.

[00:48:41]The same matter item 15 is same same affair.

[00:48:48]I see it.

[00:48:55]Next, please be heard.

[00:48:57]This is a 482 application of anticipatory pre-arrest bail, your lordship. The The your lordship mainly here and the an extra one is the FIR page 10.

[00:49:08]So, your lordship will kindly go to page 14.

[00:49:11]14, you see.

[00:49:12]Basically, the facts was that the vehicle was in to be intercepted.

[00:49:22]The driver actually took the uh vehicle and fled away.

[00:49:27]And in the darkness, he uh somewhere he abandoned the vehicle and fled away, the driver. Basically, that is the case. And this particular in this case, they did not arrest anyone from the car.

[00:49:43]In the car, they have found about I think 400 and 13 g of heroin.

[00:49:49]Now, your The question is, your lordship, in this case, the petitioner hearing who is the owner of the car is being suspected and case has been registered against him. My whole matter is that the petitioner is actually a person who had an accident a 1 and 1/2 years back and he could not drive the car because he one of his leg has mobility issues and I have given all the documents. I'll come to that later on.

[00:50:15]So, that due to which your lordship he has given that car to another person to drive. So, this is a private car. He has illegally given it to another person to use it on your lordship some some kind of a rental basis.

[00:50:32]But, question is that he could not even drive the car. So, your lordship what has happened? At that point of time he was not the driver. The driver that has been named is one person called Rafi.

[00:50:43]And actually since the police could not arrest anyone there in the car at that point of time because of the darkness he fled away by abandoning the car. Police has named the petitioner in this case and therefore your lordship the the case is against him. The only issue your lordship this petitioner has some mobility issues so he could not even drive the car. So, therefore he was not even present in the car. He was not even there in the Second point your lordship will be that since your lordship this petitioner has some medical issues with regard to his leg the possibility of the petitioner being there is not there.

[00:51:17]Secondly, your lordship here in this case your lordship he has admittedly in paragraph C has stated that this was given to another person namely Rafi, one Rafi who is running using that car on a rental basis. Though it's a private car, it is not a commercial vehicle.

[00:51:36]So, that is the only issue your lordship in this case. Now police since the documents in the car is in the name of the petitioner the the petitioner's name came into.

[00:51:46]There is no specific allegations, not a single allegation against the petitioner in the FIR.

[00:51:52]There there is no even no any previous record of any such criminal activities of the petitioner.

[00:51:58]Now, your lordship, this is an anticipatory bail. My humble prayer is, your lordship, at least one chance may be given so that the petitioner can appear before the investigating officer, give his statement, provide all the details with regard to the driver because of that nobody has else has been arrested. Then, your lordship, actually the progress of the case would have happened. That is my case, your lordship.

[00:52:21]Your lordship may keep it pending by giving the option. And then, your lordship, they can come up and say, "Yes, we have got all the information with regard to the driver and all." And then, your lordship, it will be more clear.

[00:52:33]And secondly, your lordship, since he's already an person who has mobility he was for so long. In fact, he was not even arrested, but for the fact and circumstances of the case, at least if he's given this interim protection for some time, he can appear, give his statement, let them take the statement, provide all the details with regard to the driver and all, and then they can proceed with the case in the right direction. That is my humble prayer to my list.

[00:52:57]>> At this stage, I pray for up to the CD and CD's of February, my lord.

[00:53:02]And my lord, here that agreement that which has been recovered from the vehicle, my lord. From that, it has been shown that my lord, it was purchased in the month of November 2025, my lord.

[00:53:14]By this petitioner.

[00:53:17]My lord, mobility problem, my lord, nowhere it is written that he cannot drive a car, my lord.

[00:53:21]>> Yes, yes, it is there.

[00:53:22]>> And my lord, these documents are of, my lord, 2024.

[00:53:26]Now, in the 2026, my lord, one certificate they have my lord produced, and this is 26 320 after the incident, my lord.

[00:53:34]>> There is only >> as well I require, my lord, up to the CD regarding this issue. And my lord, the neighboring people of his locality, they have been examined, my lord, his neighbor, my lord.

[00:53:43]They said, my lord, this this petitioner, my lord, along with his family, since long they have left left that place. They are residing now in Dimapur, my lord.

[00:53:53]Time and again they comes, my lord, for specially during election time and that time.

[00:53:59]>> During election time?

[00:54:00]>> Yes.

[00:54:01]Voting and all those purpose.

[00:54:04]His neighboring people's statements are there, my lord.

[00:54:09]>> If that is updated, your lordship, we do not have any problem on that.

[00:54:13]>> All right.

[00:54:14]>> After the CD >> that issue that in fact from the FIR also, your lordship, sees there's nothing specific is against him.

[00:54:20]>> But learned counsel petitioner learned petitioner PP6 further time to produce the updated CD.

[00:54:28]Hence, list the matter again on >> Yes, your lordship, till then at least he can he can give his statement, your lordship.

[00:54:38]>> Then we have to go into a lot of things.

[00:54:41]11 is not that far away. 11 >> That is true, your lordship, but And those are legal.

[00:54:48]On 10th, your lordship, if possible.

[00:54:50]>> All right.

[00:55:04]>> May please your lordship. There's a 482 application, my lord.

[00:55:07]Uh case is registered under section, my lord. And Uh Under section my lord six of the POCSO Act and section nine of the provision of Child Marriage Act and section 75 of the Juvenile Justice Act.

[00:55:21]>> But here charge sheet submitted, my lord.

[00:55:26]>> Section six is there. Okay.

[00:55:29]>> And the husband and wife, my lord.

[00:55:30]>> Mhm.

[00:55:31]>> Husband and and wife, my lord.

[00:55:33]Victim is the my wife, my lord, and out of ours wedlock, my lord on January February January 2026 my lord the site was one my lord.

[00:55:44]When my lord the respondent number three victim >> So what to do now if section six is involved? We have to see the First it has been submitted.

[00:55:54]>> My lord till then my lord my lord some >> You're already on protection.

[00:55:58]>> Yes, ma'am.

[00:55:58]>> Then?

[00:55:59]>> My lord my lord >> Counsel for the petitioner.

[00:56:04]>> Petitioner LPP submits that first sheet has been submitted by CS number >> CS number 128 oblique 26 dated 30 04 It had been 26th and they have written 25 on the thing.

[00:56:19]>> 26th, okay.

[00:56:21]>> Scan copy.

[00:56:23]Bring them to continue till Process is going scan copy.

[00:56:28]Process is >> Scan copy.

[00:56:29]>> Scan copy.

[00:56:38]>> So section six is there we appears in >> Yes, ma'am.

[00:56:41]>> And maybe to send directly.

[00:56:45]>> Obliged, ma'am.

[00:56:47]>> Till till then.

[00:56:48]>> Till.

[00:56:56]>> That's the anticipatory bail my lord prevention of this cattle preservation act my lord. Uh my lord the FIR was lodged on 17 two which is the relevant portion page number 17 A.

[00:57:08]>> Uh before my learned friend starts my lord this needs to be That's updated on 25 three 26. Why I'm saying my lord my learned friend who has been apprehending arrest my lord that even happened subsequently my lord.

[00:57:24]>> Hm?

[00:57:25]>> What what happened in this case my lord?

[00:57:27]27 days after the FIR was lodged the petitioner which is before your lordship he is the driver of this vehicle. He's vehicle was seized with the 21 number of cattle.

[00:57:40]His name is not there in the FIR, but based on that FIR which is which was not registered 27 days earlier. This petitioner's vehicle was seized. He's only the driver. Not and the transportation was within the district.

[00:57:56]I will I will cooperate with the >> The issue is within the district.

[00:58:00]>> Everything has been seized. Not I will cooperate with the investigation. Not >> Going from one place to another it will obviously be found in some district or the other, but how can you say it is within the district?

[00:58:12]>> This is my case before your lordship. I will cooperate with the investigation because everything has been seized. The cattle, the vehicle, everything is with the police.

[00:58:19]>> Where is the FIR?

[00:58:20]>> FIR is the relevant portion 17A.

[00:58:32]Here nothing is mentioned about me.

[00:58:42]The petitioner makes an entry at page number 24.

[00:58:47]His vehicle not 24 the seizure list.

[00:59:28]His vehicle number AS13AC6234 Tata Ultra Truck. He was driving this vehicle, my lord.

[00:59:54]>> This is a second vehicle.

[00:59:56]>> This is a second vehicle, my lord. Yes, my lord.

[01:00:02]>> When same case?

[01:00:05]>> The same CD, my lord. They have given this getting that thing.

[01:00:11]That information came up.

[01:00:12]>> But this is a separate incident.

[01:00:14]>> Totally separate incident, my lord.

[01:00:18]Not considering everything is seized, my lord.

[01:00:21]Custodial interrogation not required, my lord. I will cooperate with the police, my lord. My lord, any condition.

[01:00:25]>> My lord, kindly see what is a separate incident. Here, the condition of the vehicle and the cattle cattle was legally bought, my lord. They would not have abandoned an animal, my lord.

[01:00:39]>> Okay, let's have the updated CD, then.

[01:00:41]>> I Counsel petitioner and and PP submits that the updated CD will be required, hence list the matter again on >> Obliged, my lord.

[01:01:08]>> May it please your lordship.

[01:01:13]Your state has come for cancellation of the bail of this petitioner, lordship.

[01:01:18]I pray for calling the CD.

[01:01:21]I know if anyone is appearing today.

[01:01:23]I should go this side actually.

[01:01:24]>> Yes, yes. You have to.

[01:01:28]I should go to >> I had learned an additional PP.

[01:01:31]Anil Kushik.

[01:01:34]This is an application for This is not the first time.

[01:01:38]>> Actually, they have come for a rejection and cancellation of the bail order. Bail was already granted, but before release, lordship, they come before this court and challenging that order, lordship.

[01:01:50]>> Bail order has been stayed.

[01:01:51]>> Yes, lordship, stayed.

[01:02:08]>> Mr. So and so, learned counsel appears for the respondent number one, sole respondent.

[01:02:16]>> Sole respondent, >> Sole respondent, call for the CD.

[01:02:21]>> Sir, there is >> Two respondent, lordship. Two respondent, Anwar and Aminul, two respondent.

[01:02:26]>> Are both the respondents?

[01:02:27]>> Yes, lordship.

[01:02:31]>> The CD is listed again on so and so.

[01:02:37]>> Maybe 30, 40.

[01:02:43]I will ask.

[01:02:47]>> Okay, delay.

[01:09:04]>> Mhm.

[01:10:59]>> Mhm.

[01:12:47]>> Mhm.