JAY HARESH SOMAIYA Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) The petitioner has filed the present petition seeking bail in connection with complaint case bearing S.C. No.107/2018 filed by the Narcotics Control Bureau (hereafter 'NCB') against the petitioner and six other accused for commission of offence punishable under Sections 8(c), 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'NDPS Act').

(2.) It is alleged in the complaint that on 05.11.2017, a secret information was received by one of the intelligence officers of NCB that two persons, Rafik and Guljar aged about twenty five years and twenty two years respectively, would arrive at Hazrat Nizamuddin Railway Station for their onward journey to Mumbai in the evening of 05.11.2017. According to the information, they would be carrying charas in their bag and their search would yield a huge quantity of charas. According to NCB, this information was telephonically communicated to the Superintendent, Delhi Zonal Unit, NCB at about 9:00 AM in the morning. The information was subsequently reduced in writing by Shri Rajeev Shehrawat, IO, NCB. The Superintendent, NCB thereafter directed Shri Anand Kumar, IO to constitute a team and take necessary action in accordance with law.

(3.) Ncb claims that on the basis of the said instructions, a raiding team was constituted and after collecting the field testing kit, electronic kit, electronic weighing machine and other accessories, the raiding team reached Hazrat Nizamuddin Railway Station. According to NCB, raiding team became aware that Rafik and Guljar were proceeding to Mumbai by train no. 12954. The raiding team reached at platform no. 3 at about 15:45 hours and at 16:35 hours noticed three persons including two who conformed to the description of Rafik and Guljar, coming down the stairs to the platform. Another person, who was accompanying them, was carrying a trolley bag in his hand. It is stated that the raiding team of NCB also joined two other officials from the Railway Protection Force as independent witnesses.