IQBAL SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, praying for bail in Case No. SC/468 in Crime No.VIII/15/DZU/2019 dated 07.08.2019 under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) The said complaint was filed by Narcotic Control Bureau (NCB), New Delhi. It is NCB's case that on 10.05.2019, secret information was received by one of the Intelligence Officers that one boy, who is proficient in Punjabi Language, will board a train to Punjab from Sakur Basti Railway Station and he may be carrying huge quantity of drugs. The aforesaid information was reduced to writing and on perusal of the same, the Superintendent NCB directed to take the necessary action. A team was constituted and at 0915 hours, they proceeded to the Railway Station and arrived there at 0950 hours. At their request, a team of Railway Police Force (RPF) also joined the proceedings. At 10.30 A.M., they noticed three persons on the platform approaching from the northern direction. One of them (the petitioner herein) was holding a white coloured plastic bag (plastic katta). The NCB team suspected the said persons and they were stopped and were informed of their rights. Presence of a Gazette Officer was requested and, on his arrival, the said NCB officials searched them in his presence. Nothing incriminating was found on either of them. However, the search of the white coloured bag carried by the petitioner yielded two black polythenes containing 57 bottles of "Onerex Cough Syrup"? of 100 ml each. One of the ingredients of the cough syrup is codeine phosphate.

(3.) The statement of the petitioner under section 67 of the NDPS Act was recorded. He admitted to the recovery of the 57 bottles of Onerex cough syrup and disclosed that he had purchased the same from Bhagirath Place, New Delhi. The officials of NCB arrested the petitioner.