JAI BHAGWAN @ BHEDHA BHAI Vs. N.C.B.

JUDGEMENT

(1.) The petitioner has filed the present petition seeking bail in SC No. 311/2019 under Section 20 & 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (NDPS Act ) captioned " Narcotic Control Bureau v. Bhagwan Singh and Anr .".

(2.) The Narcotic Control Bureau (NCB) filed a complaint alleging that on 11.01.2019, secret information was received by one of the Intelligence Officers that one person named Bhagwan Singh, aged about 35 years, would come to Anand Vihar Bus Stand New Delhi in Bus No. UK07PA1517 and would be carrying a huge quantity of charas. It is stated that the said information was reduced to writing and placed before the concerned Superintendent, NCB, Delhi Zonal Unit. He directed Sh. Deepak Atri, Intelligence Officer to constitute a team and take the necessary action and in accordance with law.

(3.) In compliance with the aforesaid direction, Sh. Deepak Atri constituted a team comprising himself and seven other officials. He collected the field testing kit and other items and then proceeded to Anand Vihar Bus Terminal, Delhi. He reached there at 10:30 hours on 11.01.2019. The Bus bearing no. UK07PA1517 arrived from Haldwani at 13:05 hours and one of the passengers, who matched the description of Bhagwan Singh, was accosted. The Driver and the Conductor of the said bus also joined the proceedings as independent witnesses. According to the NCB, a notice under Section 50 of the NDPS Act was served to Bhagwan Singh and his rights to be searched before a Magistrate or a Gazetted Officer were explained to him. He did not desire to be searched before a Gazetted Officer or a Magistrate and, accordingly, was searched at the spot. Nothing incriminating was found on his person. He was carrying a bag (pitthu bag), which was checked and one plastic bag containing three plastic pouches containing a dark brown colour substance was found. On inquiries, Bhagwan Singh informed the team that the said substance was charas. A small quantity of the same was taken out and was checked on a field testing kit and the substance tested positive for charas. Small quantities of substance drawn from the three polythene bags were tested and the tests results were positive for charas. Since the substances in the three polythene bags were similar in colour and smell, the same were collected in one transparent polythene bag and weighed. The total weight of the said contraband was found to be seven kgs.