PARKASH @ VIKAS Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The petitioner is implicated in a case under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short the NDPS Act ). S.C. No. 15/04 under the aforesaid provisions filed by the Narcotic Control Bureau is pending against him in the Court of Ms.Swarn Kanta, Special Judge, NDPS Court, New Delhi. He was arrested on 25.8.2003 and since then he is in judicial custody. Lastly he applied for bail before the trial court, which has been dismissed vide order dated 1.6.2006. What persuaded the learned Special Judge to dismiss his application was that he was found in possession of 52 kgs. of Hashish, which attracts Section 37 of the NDPS Act. The learned Judge, in her two para order, has observed that some discrepancies, which have been pointed out by the learned Counsel for the applicant, would be appreciated at the time of final arguments and final decision of the case. For better appreciation we may reproduce the order in entirety:

(2.) The petitioner has, in these circumstances, filed this application under Section 439 of the Cr.P.C. seeking his bail pending trial. The allegations in the complaint, in nutshell, are as under:

(3.) In the complaint it is alleged that a secret information was received that one person named Parkash @ Vikas was coming in front of Jai Kashmir Transport Company, Sanjay Gandhi Transport Nagar, Delhi, in between 1600-1700 hours on 23.8.2003 to deliver 50/60 kgs. of Hashish (Charas) concealed in a white Maruti Car registration No. DDC-7145 to some one. Authorisation was given in favour of B. Joshi, I.O. for the purpose of search of the said vehicle. Raiding party reached in front of M/s. Jai Kashmir Transport Company. The officer requested two panch witnesses, namely, Sh. Ravi and Sh. Vinod Kumar, to remain present during the search proceedings and told them about the information and the purpose for which they had come there. The panch witnesses agreed to remain present during the search proceedings. When the raiding party reached M/s. Jai Kashmir Transport Company along with the two panch witnesses, they saw one Maruti Car bearing registration No. DDC-7145 parked there and one person whose description matched with the information was standing near the car. The NCB officials encircled the car and the person standing near the car, upon being asked, told that his name was Parkash @ Vikas. He admitted that he had brought the said car to that place and also admitted the ownership of the car. On search of the car, which was carried out in compliance with the legal requirements, the officials found a plastic bag lying on the back seat of the car in which 25 packets wrapped with brown colour cello tape were found. A small cut was made on all the 25 packets which contain black/brown colour solid substance. On testing it was found to be Hashish (Charas). Further formalities, as mentioned in the complaint, were completed after this search and in recording panchnama etc. when the two witnesses also signed.