MOHAMMED YAKOOB Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking bail in case No. VIII/06/DZU/2018 U/s 8(c), 21, 23 & 29 of NDPS Act pending in the court of Shri Ajay Kumar Jain, Special Judge, NDPS, New Delhi.

(2.) In brief, the facts of the case are that on 04.03.2018, a secret information received by Shri B.L. Bairwa, Intelligence Officer that two passengers may be apprehended with some Narcotic Drugs at IGI Airport. In pursuance of that on 04.03.2018, the intelligence officer along with the team proceeded to IGI Airport and apprehended two persons Taukir Alam and present petitioner Mohd. Yakoob. The baggage of accused Taukir Alam was searched and from the said baggage, two brown colour carton boxes were found and on opening the first carton box, a black colour polythene bag was found in the said box and on the side of the said polythene bag, packets of biri (Bharat Special Company) were kept and in the center, a black colour polythene was lying containing flips of wheat rice and was also containing phensedyl codeine cough syrup 100 ml bottle (10 mg codeine in each 5 ml) were concealed and on counting the same, they were found to be 50 in numbers and similarly, second carton box was opened and on opening, phensedyl 100 ml of 49 bottles were found and that way total 99 bottles were found from the baggage of Taukir Alam having batch No.PHB7236.

(3.) Thereafter, the baggage of present petitioner Mohd. Yakoob was opened and one brown colour carton was found and on opening the said brown colour carton the same also found to contain flips made of wheat rice in the side and was also containing phensedyl codeine cough syrup 100 ml bottle (10 mg codeine in each 5 ml) concealed and on counting the same, it was found 148 in numbers having batch No.PHB7217.