GULJAR Vs. NCB

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Sec. 439 Cr.P.C. read with Sec. 37 of the NDPS Act seeking regular bail in case titled as N.C.B. Vs. Rafik and Ors., S.C. No. 107/2018 registered under Sections 20/29 of the NDPS Act at P.S. NCB pending before Sh. Sh. Ajay Kumar Jain, Special Judge (NDPS), Patiala House, New Delhi.

(2.) Briefly stated, the facts of the case are that on 5/11/2017, a secret information was received by IO Rajiv Sehrawat, NCB that accused Rafik and Gulzar (present petitioner) will arrive at Nizamuddin railway station for going to Mumbai with bags carrying huge quantity of charas. Thereafter on the direction of Superintendent, raiding team was constituted. On reaching railway platform, the raiding team checked the platform and noticed at around 1530 hours that suspect Rafik and Gulzar (present petitioner) were going to Mumbai by train No. 12954.

(3.) Thereafter in presence of independent witnesses accused Rafik and petitioner Gulzar were stopped along with the third person accused Ramdev who was carrying the trolley bag. Accused Ramdev disclosed that he is a travel agent and the bag which he was carrying was of Rafik. Rafik also disclosed that trolley bag was his bag. Nothing incriminating was recovered from the personal search of accused persons however on opening the trolley bag and removing the cardboard brown colour 27 packets concealed in the bottom of trolley bag were recovered. The packets were containing charas having total weight of 6.2 Kg. On preliminary inquiry, accused Rafik disclosed that the said charas was given to him by accused Jay Haresh resident of Kullu and one Neel Chand Neelu.