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Patna High Court – Orders
Satyapal Singh vs The Union Of India Through Dri, Regional … on 13 August, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad, Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.21 of 2025
Arising Out of PS. Case No.-3 Year-2018 Thana- D.R.I District- Patna
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1. Satyapal Singh, S/o- Late Man Singh, village- Husainpur Hamir, Makan
Sankhya 27, P O-Husainpur Hamir, Tashil Bilari, P S- Kundarik, District
-Moradabad, Uttar Pradesh
2. Rahul Chaudhary, S/o- Satyapal Singh, village- Husainpur Hamir, Makan
Sankhya 27 P O-Husainpur Hamir, Tashil Bilari, P S- Kundarik, District
-Moradabad, Uttar Pradesh
... ... Appellant/s
Versus
The Union of India through DRI, Regional Unit, Patna, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manoj Kumar Singh, Advocate
For the Respondent/s : Mr. Sriram Krishna, (Sr. Standing counsel for
DRI),
Mr. Shashank shekhar Kunwar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
4 13-08-2025
Heard Mr. Manoj Kumar Singh, learned counsel for
the appellants and Mr. Sriram Krishna, learned counsel for the
Directorate of Revenue Intelligence (D.R.I.).
2. The appellants in this case are seeking suspension
of their sentence and release on bail during pendency of the
appeal.
3. The appellants have been convicted and sentenced
vide Judgment and order dated 04.12.2024 and 10.12.2024,
Patna High Court CR. APP (DB) No.21 of 2025(4) dt.13-08-2025
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respectively passed by the learned Court of Exclusive Special
Court (NDPS Act) No. 1, Patna in connection with Special
(NDPS Act) Case No. 49 of 2018 (DRI, Patna Unit Case No. 03
of 2018-19), arising out of
DRI/LZU/PRU/718(ii)/ENQ.11/2018, registered for the
offences punishable under Sections 20(b) (ii) (C), 25, 29 of the
N.D.P.S. Act. They have been awarded the sentence of Rigorous
imprisonment of Eleven (11) years and fine of rupees one lakh
(1,00,000/-) for the offence punishable U/S 20(b)(ii)(C) of
NDPS Act. In default of payment of fine, convicts shall undergo
further rigorous imprisonment of four (4) Months. Further they
have been ordered to undergo rigorous imprisonment for
eleven(11) years and fine of rupees one lakh (1,00,000/-) for the
offence punishable U/S 25 of NDPS Act and in default of
payment of fine, convict shall undergo further rigorous
imprisonment for four (4) months which shall be in addition to
the sentence. They are further sentenced to undergo the rigorous
imprisonment for eleven(11) years and fine of rupees one lakh
(1,00,000/-) for the offence punishable U/S 29 of NDPS Act and
in default of payment of fine, convicts shall undergo further
rigorous imprisonment for four (4) Months. The sentences
awarded to the appellants shall run concurrently. The period of
Patna High Court CR. APP (DB) No.21 of 2025(4) dt.13-08-2025
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custody already undergone by the said convicts during
investigation and trial shall be set off from the sentences of
imprisonment under section 428 of the Cr.P.C.
4. The prosecution story in brief is that on 22.05.2018,
specific information was received that a consignment of Ganja
has been secreted in a Truck bearing Reg. No. UP 21 BN/7433
at Agartalla and is being transported to Patna, Bihar via
Muzaffarpur, Hajipur and the said vehicle is likely to reach
Patna on 23.05.2018 at about 01:00 hrs, in morning time.
Thereafter, the said information was reduced in writing and
submitted before immediate superior and a team was formed by
the Senior Intelligence Officer. The team of DRI Patna
immediately rushed to Jadua More, Hajipur on the Hajipur-
Patna National Highway at about 10:15 PM and mounted
surveillance on the vehicle coming from Muzaffarpur side on
22.05.2018. At about 00:30 hrs of 23.05.2018 the said truck
bearing Registration No. UP 21 BN/7433 was seen coming from
Muzaffarpur side and the officers of DRI Patna signaled the
truck to stop with the help of torch and the driver stopped the
said truck. The officers of DRI introduced themselves to the
driver of the said truck, there were three persons sitting inside
the truck. The officers of DRI asked them about their name and
Patna High Court CR. APP (DB) No.21 of 2025(4) dt.13-08-2025
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address and also told them regarding the secret information of
Ganja loaded in their truck. The driver of the said truck
introduced himself as Satyapal Singh, the second person was the
Khalashi of the said truck introduced himself as Jyotish
Debberma and the third person introduced himself as Rahul
Chaudhary. On asking from the driver about the goods loaded
on the said truck, he told that rubber seats are loaded in the truck
and thereafter Sri Rajesh Kumar, Senior Intelligence Officer,
DRI, Sub-Regional Unit Purnea, served notice U/s 50 of the
NDPS Act to the driver and other two persons, who were
present on the said truck in writing and informed all the said
persons that if they wanted then they could have there personal
search in presence of Gazetted Officer Sri Alok Kumar
Gutgutia, who was present at the seen or any other Magistrate.
The driver Satyapal Singh and other two persons, who were
present in the truck, consented for their personal search in
presence of Sri Alok Kumar Gutgutia and thereafter personal
search of all said three persons was conducted there. During
personal search of Satyapal Singh, white colour mobile, Voter
card, Debit card and cash rupees 10,000/- were found, out of
which the mobile phone alongwith sim, photocopy of
documents and debit card were kept for further investigation
Patna High Court CR. APP (DB) No.21 of 2025(4) dt.13-08-2025
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and cash Rs.10,000/- was returned to driver Sri Sataypal Singh
Likewise, a samsung mobile with sim, pan card, Adhar card,
two ATM cards and cash Rs. 2,000/- were found from co-driver
Jyotish Debverma, out of which mobile phone with sim cards,
photocopy of pan, Adhar and ATM cards were kept for further
investigation and cash Rs. 2,000 was returned to the co-driver
Jyotish Debbarma. It is further stated that during search of
Rahul Chaudhary, a mobile alongwith Adhar card, debit card
and cash Rs. 850 were found, out of which mobile phone with
sim and photocopy of Adhar card and debit card were kept for
further investigation and cash Rs. 850 was returned to Rahul
Chaudhary. It is further stated that during preliminary
examination of the truck, before the driver and two independent
witnesses, nothing was found in the truck body/container. The
truck body/container was found loaded with rubber sheets but
when the driver’s cabin was searched, there appeared to be some
new work done in the hood/top inside the driver’s cabin and
strong smell of Ganja was found emanating from the same.
When the driver was asked to open the same, the driver readily
accepted that Ganja is indeed loaded in the truck. Thereafter,
hood was got opened and brown colour packets were found and
strong smell of Ganja was seen emanating from the same. The
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driver admitted that the said material is Ganja, which he was
going to deliver in Patna from Agartalla. It is further stated that,
it was very open and a busy road and it was also late night,
therefore the driver and the independent witnesses in view
security reasons requested the officers to move to some safer
place. Then, the independent witnesses (Panchas), driver and the
other two persons alongwith said truck and the officers of DRI,
Patna reached DRI, Office Patna at around 2:30 at night on
23.05.2018 for further investigation. There the detail
examination of the said truck was conducted in presence of
driver Sri Sataypal Singh and two other persons found in the
truck, two independent witnesses (Panchas) were present in the
office premises of DRI, Patna. During investigation a total 27
packets of Ganja was recovered from the hood/secret chamber
made at the top of the driver’s cabin of the said truck. It was
marked 1 to 27 serially and were separately weighed.
Accordingly, the gross weight and net weight of all 27 packets
together was found to be 299.100 Kg and 293.700 Kg
respectively. One lot was made of the recovered 27 packets of
Ganja and small amount of Ganja were taken from each packets
and they were mixed and then two samples of 25 gram of Ganja
each were made from the lot. The samples were then kept in
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transparent plastic pouches and were sealed and they were then
separately kept in yellow colored plastic coated envelopes and
were sealed with DRI seal. The samples were then marked as
sample 01 and sample 02. The two independent witnesses
(Panchas), the three accused persons and seizing officers put
there signature on the envelopes. The remaining Ganja was then
repacked and were kept in 09 sacks and were sewed and sealed
with the departmental seal. It is further stated that on the basis
of recovered bilty and invoice from the said truck, the weight of
the rubber sheet was found to be 15,000 Kgs. It is further stated
that beside the same, following documents were also recovered
from the cabin of said truck:-(i) Certificate of registration Uttar
Pradesh State of the said truck, (ii) Paper related to insurance of
the truck, (iii) Certificate of Fitness, (iv) Pollution under Control
Certificate, (v) Authorization Certificate of National Permit, (vi)
National Permit Payment Challan, (vii) Challan dated
17.05.2018 of Goods of Brahmputra Cargo Carriers Pvt. Ltd.,
(viii) E-way Bill No. GST/0040, (ix) Documents related to
ownership of the said truck. It is further stated that during
statement under Section 67 of the N.D.P.S. Act, the driver cum
owner Satyapal Singh, has admitted his guilt of possessing and
transporting of Ganja in secret cavity of his truck in lure of
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money with other persons. Likewise, the co-driver Jyotish
Debberma and Rahul Kumar also admitted during their
respective statement under Section 67 of the NDPS Act,
regarding the possession and transportation of Ganja with driver
Satypal Singh. It is further stated that on reasonable belief that
the recovered substance believed to be Ganja weighing net
weight 293.700 Kg valued to Rs. 14,68,500/-, 300 bundles of
National Rubber Sheets valued at Rs. 17,06, 250/- and Tata
Truck (Model 2010, LPT 2518 TC EX) bearing registration no.
UP 21BN 7433 used as conveyance valued at Rs. 8,00,000/-
collectively valued at Rs. 39,74,750/- and the packaging
materials brown plastic sheets used to conceal Ganja, have been
seized after preparing seizure list. It is further stated that after
completion of all legal formalities, the accused persons namely
Satyapal Singh, Jyotish Debberma and Rahul Chaudhary were
arrested on 23.05.2018 and were produced before the Court on
the same day for judicial remand along with the samples of
Ganja. The accused persons were remanded to judicial custody
at Adarsh Kendriya Kara, Beur Jail, Patna on 23.05.2018.
5. Learned counsel for the appellants submits that so
far as appellant no. 1 is concerned, he is the driver of the vehicle
and is in incarceration since 23.05.2018. As against the sentence
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of 11 years rigorous imprisonment, he has already served more
than 7 years. This appeal is of the year 2025 and it is not likely
to be heard in near future.
6. As regards the appellant no. 2, it is submitted that
he is the son of appellant no. 1 and it has come in the evidence
of PW.-2 that he is student of B.Sc., no connection of appellant
no. 2 in the alleged consignment of ganja has been proved by
the prosecution, though he is said to be present in the vehicle
with the driver and the Khalasi.
7. Referring to the evidences available on the record
for a prima-facie view, learned counsel for the appellants
submits that in this case, the vehicle in question was intercepted
near Jandaha Chowk at about 12:30 A.M. (Night). PW.2 has
stated that the raiding party, in which he was also there, had
reached Hajipur, Paswan Chowk at about 8:00 – 09:00 P.M. and
found that there was a tea shop, some persons were taking tea.
PW.2 introduced them and requested two independent persons
to become punchas, on which two persons namely Sanjay
Kumar and Arvind Kumar became ready to the seizure list
witnesses. They accompanied the Police party and remained
with them for the whole night till next day within 3:00 A.M.-
4:00 A.M.
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8. It is pointed out that the two committed seizure
seizure-list witnesses, have not been examined in course of trial,
PW.-2 has stated that the truck was taken to the D.R.I. office,
Patna where it was searched and from the cabin 26-27 packets
ganja were recovered. In the F.I.R. he has stated about opening
of some packets at the place where truck was intercepted but
nothing is stated whether these were sealed there. He has stated
that from every packet 2-3 gram was taken out in two packets,
which were kept in an envelope and sealed.
9. In this regard, it is submitted that from the
deposition of PW.2, who is the Superior Officer of the
Department, it is evident that the seizure was not made at the
spot even though it is said that the cabin was opened and the
packets were seen there. Further, the samples of ganja, were not
prepared in presence of a Magistrate as required under Section
52(A) of the N.D.P.S. Act.
10. In such circumstance, the very seizure and
sampling of the ganja, would become doubtful. In any case, it is
submitted that the appellant no. 1 having remained in
incarceration for over 07 years and their being no cogent
evidence against the appellant no. 2, they would deserve
privilege of suspension of sentence and release on bail during
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pendency of appeal.
11. Mr. Sriram Krishna, learned counsel for the D.R.I.
has opposed the prayer for suspension of sentence.
12. Learned counsel have does not dispute that in this
case the independent witnesses could not be produced. It is
further pointed out that the certification of the inventory was
done on 16.07.2018 and samples were also seen after two
months by the learned Judicial Magistrate on 16.07.2018.
Learned counsel however submits that lack of the independent
witnesses would not be fatal to the prosecution, keeping in view
the mandate of Section 37 of the N.D.P.S. Act.
13. The submissions of the learned counsel for the
appellants that the samples were not produced in the court of the
learned Magistrate and the certification of the inventory was
done after two months by the learned Magistrate have not been
denied by the learned counsel for the D.R.I.
14. Having regard to the submissions made
hereinabove and in the kind of materials with regard to the
seizure and sampling of the narcotics, as also considering the
period of incarceration of the appellant no.1 and that the
appellant no. 2 is a student, against whom no cogent materials
have been found, we are of the opinion that the appellants have
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made out a case for suspension of their sentence and release on
bail.
15. We accordingly direct for suspension of sentence
and release on bail of the appellant no.1 namely Satyapal Singh
and appellant no. 2 namely Rahul Chaudhary, during pendency
of appeal on furnishing bail bond of Rs. 25,000/- (Twenty five
thousand) each with two sureties of the like amount each to the
satisfaction of learned Court of Exclusive Special Court (NDPS
Act) No. 1, Patna in connection with Special (NDPS Act) Case
No. 49 of 2018 (DRI, Patna Unit Case No. 03 of 2018-19),
arising out of DRI/LZU/PRU/718(ii)/ENQ.11/2018.
16. Fine, if any, imposed as part of the sentence shall
remain suspended during pendency of the appeal.
17. It is made clear that the observations made herein
above are only prima-facie and tentative for the purpose of
suspension of sentence and bail which would not cause
prejudice to the either parties.
18. List this appeal for hearing on it’s turn.
(Rajeev Ranjan Prasad, J)
( Ajit Kumar, J)
pravinkumar/-
U T
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