AZEEM AHMED Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The Bail Application under Sec. 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023('B.N.S.S. 2023"hereinafter) read with Sec. 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C."hereinafter) has been filed to seek Regular Bail in Case No. VIII/38/DZU/2021 , under Ss. 21/22/23/25/27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS"hereinafter), registered at Police Station Narcotics Control Bureau ('NCB"hereinafter) R.K. Puram, New Delhi.

(2.) As per the case of the Prosecution, information was received on 25/4/2022 by Amrit Kumar Tiwary, Superintendent, NCB-Delhi Zonal Unit ('DZU"hereinafter) from Sh. Harish Upadhayay, Deputy Superintendent, Gujarat, ATS that a suspected person namely Md. Imran was transporting narcotic drugs in an MG Hector Car bearing Registration No. HR 87E 1111 from Muzaffarnagar scheduled to arrive at Delhi on the intervening night of 25/4/2022 and 26/4/2022 and a substantial quantity of narcotics drugs could be recovered.

(3.) This information was reduced in writing by SI Amit Kumar Tiwary and was put before Sh. Kuldeep Sharma, Assistant Director who directed Sh. Rahul Kumar Purbey, IO to constitute a raiding team. Thereafter, a joint team of NCB, DZU and ATS Gujarat was divided into three groups for surveillance wherein one group was stationed at Meerut Toll Plaza, Second group was stationed at Daurala Toll Plaza, NH-58 and third group consisting of IO Sh. Rahul Kumar Purbe, , IO Sh. Rajeev Sehrawat, Sepoy Dharmender Singh and Rajbir were stationed at Red Light below the Bridge Bus stand, Sarai Kale Khan, Delhi. At around 05:50 AM, the third surveillance group saw the Car bearing Registration No. HR 87E 1111 coming from the Rajghat side. As soon as the vehicle reached Red Light, Sarai Kale Khan the team gathered near the vehicle and requested the driver to come out of the car. The driver disclosed his name as Mohd. Imran resident of H. No. 1414/3 Khala Par, Kidwai Nagar, Muzaffarnagar, UP. On being asked by Sh. Rahul Kumar Purbey about his involvement in the drug trafficking business, Md. Imran disclosed that he has been involved in the same and was carrying 1 Kg of Heroin in the Car. Since the matter was sensitive, he was asked to accompany the officials to NCB-DZU Office, New Delhi along with his vehicle/car MG Hector, for further investigation.