ABDUL RAB Vs. NARCOTICS CONTROL BUREAU (NCB)

JUDGEMENT

(1.) Bail Application under Sec. 483 read with 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023('B.N.S.S. 2023' hereinafter) read with Sec. 439 and Sec. 482 Code of Criminal Procedure, 1973 ('Cr.P.C.' hereinafter) has been filed for seeking Regular Bail under Ss. 8(c), 21(c)/22(c)/23/25/27A, 29 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS' hereinafter), Police Station Narcotics Control Bureau ('NCB' hereinafter), R.K. Puram, New Delhi.

(2.) The ASJ while dismissing the Bail Application filed by the Applicant herein, vide Order dtd. 26/7/2024, had opined that recovery of a commercial quantity of contraband attracts the rigours of Sec. 37 of the NDPS Act, therefore, at that stage, reasonable grounds to presume the innocence of the Accused could not be warranted.

(3.) The case of Prosecution is that 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 one Md. Imran was transporting Narcotic drugs in MG Hector Car bearing Registration No. HR 87E 1111 from Muzaffarnagar, was 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. Joint raiding Team was constituted of NCB, DZU and ATS, Gujarat, which was divided into three groups and stationed at various points while the third group comprising 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 for surveillance.