MOHD. HANIF Vs. NCB

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 37 of the NDPS Act, 1985 seeking regular bail in SC No. 37/2017 in Case No. VIII/15/DZU/2016 under Ss. 21/23/29 of the NDPS Act, 1985.

(2.) In brief the facts of the case are that that a parcel with commercial invoice no. 9479924042 was booked on 25/7/2016 at DHL Express Pvt. Ltd. Trinidad & Tobago in the name of Abdul Rehman, House No. E-353, Khadda Colony Extn., Jaitpur, Badarpur, New Delhi-110044, India. The said Parcel was intercepted and seized on 27/7/2016 at Gatwick Airport, UK. On 28/7/2016, Narcotics Control Bureau received a request from National Crime Agency UK for controlled delivery of said parcel. Consequent to request from National Crime Agency, UK, Director General NCB authorised ZonalDirector, DZU who further authorised Sh. Rajeev Sehrawat, IO to undertake the controlled delivery in coordination of NCA, UK as per the provisions of sec. 50A, NDPS Act. On 3/8/2016, the Parcel was received by authorised I.O. at New Delhi. Further, on 5/8/2016, controlled delivery operation was undertaken in coordination with DHL Courier Staff. The consignee/accused Abdul Rehman @ Dablu received the parcel, at that moment he was intercepted and upon enquiry he revealed that he had received the said parcel on instructions of Mohd. Hanif (Petitioner herein) in the presence of public witnesses. Accused Abdul Rehman made a call to Mohd. Hanif and accused Hanif came at Madan Pur Khadar near crossing to receive the said parcel and at that moment he was intercepted by the team on the pointing of the accused Abdul Rehman. In preliminary inquiry, accused Hanif admitted that he had asked Abdul Rehman to receive said parcel on his behalf. Accused Hanif further revealed that he received the said parcel on instructions of Bartholomew Okoh @ Prince in the presence of public witnesses. Accused Mohd. Hanif made a call to accused Bartholomew Okoh @ Prince on which he told Mohd. Hanif to come at Janak Puri flyover, near Janakpuri Distt. Center to deliver the parcel. Bartholomew Okoh @ Prince was waiting at Janakpuri flover near Distt. Centre to take the delivery of said parcel and he was intercepted while taking the delivery of the said parcel of controlled delivery operation at Janakpuri Flyover near Janakpuri Distt. Center. On checking the said parcel, 500 grams of Cocaine was recovered from the foot massager concealed in two round shaped packets. The contraband was seized as per procedure. Hence, the instant Case No. VIII/15/DZU/2016 under Ss. 21/23/29 of the NDPS Act was lodged.

(3.) I have heard the learned counsel for the petitioner, learned Sr. Standing Counsel for respondent and perused the status report filed by the respondent.