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Judgment
Siddhartha Chattopadhyay, J.—The petitioners of above mentioned cases filed application under Section 482 of Cr.P.C. praying for quashing of the proceedings of C.R. (NDPS) case No. 2 of 2015 pending before the learned Special Judge (NDPS) under Section 20(b)(ii)(C)/29(1) of the Narcotic Drugs & Psychotropic Substances Act, corresponding to Seizure Case No.04/NDPS/CL/CUS/P&I - SLG/14 - 15 dated 11.01.2015 and also prayed for setting aside the order dated 26.06.2015 passed by the learned Court below in connection with the aforesaid case.
According to the petitioner of C.R.R. 3737/2015 he is an income tax payee and has been running his various business for nearly three decades a seizure case was initiated on the basis of a seizure of contraband articles and arrest of one Md. Hasanoor Molla.
The petitioner''s case is such that he was a consignee in respect of cattle feed and he was totally unaware of transportation of any kind of narcotic substance, which was alleged to have been kept secretly in a separate chamber inside the vehicle. He is in no way connected with the alleged offence. According to him, soon after the truck was loaded from his business premises, he did not have any control over the said truck.
On perusal of the complaint case filed against them it appears that on the basis of a tip off information, the NCB authority intercepted the said truck near Ghoshpukur, Siliguri and took the said truck to a warehouse. After rummaging the articles, they noticed that there is a secret chamber inside the cabin and from there they have recovered 885 kg of ganja. The driver could not account for the said ganja and as a result he was arrested. After interrogation, the NCB officials found that this accused and another are involved in the commission of offence and there is a racket in between. It is also urged by the prosecution that the mustard oil cakes were used as a camouflage and their only intention was to transport ganja. The petitioner of C.R.R. No. 2847 is the proprietor of M/s. Mahabir Enterprise and he used to supply lorry and also acts as a commission agent.
Learned Counsel appearing on behalf of the respondent contended that complaint was filed mentioning in details which led them to file it. It transpires from their enquiry, that the goods packed in plastics unloaded from a small carrier truck. Thereafter the said small carrier truck were reloaded and placed under the floor setting of the seized truck No. NL - 05G/0119 by the accused Md. Hasanoor Molla and one Patthar Singh. On further enquiry it transpires that the said truck bearing No. NL - 05G/0119 is found registered under the name of one Shri N. Chopfokho and his permanent address is at Nagaland. But they have verified from the transport authority and it appears to them that the said address is fictitious. From the mobile phone number of Raj Kumar Jain it has been ascertained that he was in constant touch with said Patthar Singh (who is absconder). The empty truck was placed under seizure was weighed at M/s. Pawan Weigh Bridge, the owner of which is Santosh Kumar Tashniwal. The tare weight of impugned truck was abnormally high by about 2 to 2.5 MT more than that of normal weight of 10 wheeler truck. The prosecution is very specific in saying that the said Santosh Kumar Tashniwal and Raj Kumar Jain are involved in the racket and the entire exercise was carried out to cover up the drug racket and it appears to be the modus operandi of operation of drug trafficking from North Eastern Region to other parts of the country.
Whether secret cavity was made in the truck itself or not and if there was defect in weighment these are all mixed question of fact.
It is perhaps needless to say that in a prosecution under this section it is not open to the High Court to go into the question of fact. The High Court will not enter into enquiry of disputed facts and make this proceeding as a full-dressed trial. The charge - sheet (complaint) has been submitted before the trial Court and the trial Court had taken cognizance of the same holding prima facie case is there. In such circumstances, this Court is of the view that exercising power under Section 482 of Cr.P.C. should not be invoked. Accordingly, these revisional applications are dismissed. However, the liberty is given to the accused petitioners to urge all the points at the time of framing of charge by the learned trial Court.
Let a copy of this order be sent to the learned Court below for information and taking necessary action in accordance with law.
Urgent certified photocopy of this Judgment and order, if applied for, be supplied to the parties upon compliance with all requisite formalities.