RATNESH KUMAR v. STATE OF WEST BENGAL

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 986 OF 2026 @ SPECIAL LEAVE PETITION (CRIMINAL) NO. 3213 / 2026

1. Heard.

2. Delay condoned.

3. Leave granted.

4. Having heard the learned counsels appearing

for the parties, we notice that the jurisdictional

police authorities had received a credible

information that a container was being unloaded

which is said to have contained the contraband

articles and hence on inspection of the said

container on 14.07.2024, two persons came to be

apprehended and 20,000 bottles of Phensedyl cough

syrup were found and as such FIR came to be

registered for the offences punishable under

Sections 21(c) and 29 of the Narcotic Drugs and

Psychotropic Substances Act, 1985.

5. It is the case of the prosecution that the

appellant was an additional driver of the

vehicle / container and had escaped or fled away

from the scene of occurrence on seeing the police

and after two months, was arrested on the

statement of the driver of the vehicle who had

disclosed the name of the appellant and the CDR

details would also disclose the presence of the

accused – appellant at the scene of crime when the

contraband was seized.

6. The appellant herein is said to be an

additional driver for transporting cargo to West

Bengal. ...