Facts of the Case

The petitioner sought anticipatory bail apprehending arrest in connection with an NDPS Act case registered by the Narcotics Control Bureau, Patna, arising from the seizure of a truck carrying 12,296 bottles of cough syrup — including 7,996 bottles of “Eskuf Codeine” — along with a violation of the Bihar Prohibition and Excise Act. The truck and its cargo were said to belong to the petitioner, owner of “New Golden Transport” in Patna, allegedly used for further distribution of the contraband.

The petitioner's defence was one of mistaken identity: he contended that the truck actually belonged to a similarly named “The New Golden Transport” of Varanasi, owned by his brother Chandra Kesh Singh, and that the two businesses were separate and distinguishable by their respective GST registration certificates — his own GST certificate reflecting a Kanpur jurisdiction, unconnected to the Varanasi-based consignment.

Issues Involved

  1. Whether anticipatory bail should be granted where the petitioner denied ownership of the seized contraband and truck, relying on a distinct business identity evidenced by his GST registration.
  2. Whether the statements of co-accused and voluntary disclosures sufficiently linked the petitioner to the offence at the anticipatory-bail stage.

Petitioner's Arguments

  • The petitioner is not the owner of the truck or the transport business from which the contraband was recovered; that business, “The New Golden Transport”, Varanasi, belongs to his brother.
  • The petitioner's own GST certificate, reflecting a Kanpur jurisdiction, distinguishes his business from the Varanasi-based “The New Golden Transport”.
  • The employee/driver statements implicating him were either retracted or did not name him; investigation was complete and there was no risk of evidence tampering.
  • Reliance was placed on Ajay Bajpai v. State of U.P. to argue the seized substance did not attract the NDPS Act, and that Section 42 NDPS compliance was doubtful.

Respondent's Arguments

  • Multiple witnesses — the truck driver, the transport company's manager, and the Varanasi transport owner himself (the petitioner's brother) — in their voluntary statements named the petitioner as the owner and operator of “New Golden Transport, Patna”.
  • Call detail record (CDR) analysis established linkages between the petitioner, his brother, the manager and the driver.
  • The petitioner did not respond to multiple Section 67 NDPS Act notices issued during investigation.
  • The GST certificate produced by the petitioner, showing Kanpur jurisdiction, was never furnished to the Investigating Officer earlier and could not, by itself, disprove his ownership of the Patna transport business.

Court Order / Findings

  • The Court took judicial note of the rising menace of narcotics-related offences and the seriousness of contraband trafficking cases.
  • It found prima facie material — voluntary statements of co-accused, CDR analysis, and recovered documents — linking the petitioner to ownership and operation of the Patna transport business from which the contraband was recovered.
  • It held that custodial interrogation was warranted in such cases and declined to grant anticipatory bail.
  • The petitioner's prayer for anticipatory bail was rejected, with liberty to seek regular bail if he surrendered before the trial court within six weeks.

Important Clarification

The petitioner's GST registration was offered as circumstantial proof of a separate business identity, but the Court found other evidence (statements, CDR analysis, non-response to statutory notices) more probative on the ownership question. This case turns entirely on NDPS Act principles for anticipatory bail, not on any GST-law issue.

Sections Involved

  • Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(C), 21(c), 25, 29 and 35
  • Code of Criminal Procedure, 1973 — Section 438 (anticipatory bail) and Section 67 NDPS Act notices

Decision – In Favour of

Disposed of against the petitioner — anticipatory bail was rejected, with liberty to seek regular bail after surrender within six weeks.

Case Details

  • Court: High Court of Judicature at Patna
  • Case No.: Criminal Miscellaneous No. 12132 of 2023
  • Coram: Justice Anjani Kumar Sharan
  • Date of Order: 01.08.2023

Link to Download the Order

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