NARCOTIC CONTROL BUREAU Vs. ALI MOHD.

JUDGEMENT

(1.) ON receipt of secret information on 30.5.1993 C.B. Singh, Superintendent, Narcotics Control Bureau that one Kashmiri, Mohd. Amin had brought with him 20 to 25 Kg. of hashish from Anantnag, Kashmir, concealed in a bag few days back and the drugs were lying at A -46, Gali No. 4, Bhagirathi Vihar, Delhi with or without the knowledge of the house owner Ali Mohd., respondent.

(2.) INFORMATION was reduced to writing by C.B. Singh who issued search warrants for the search of the said premises. A raiding party was formed and in the presence of two independent witnesses premise No. A -46 Bhagirathi Vihar was searched. Ali Mohd. opened the door and accused Mohd. Amin was also present there. After complying with requisite formalities, premise was searched and a blue coloured air zipper bag marked 'Reebok' was found lying in the room on the left side of the main door. The bag was opened and was found to contain 13 packets wrapped with brown adhesive tape and on opening the packets dark brown coloured solid substance in different shapes was recovered. This substance was tested by the NCB officers on the spot with field testing kit and was found to give positive test for hashish which is a banned substance under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act).

(3.) UPON recovery and seizure of 25 kg. of hashish from the premises A -26 Baghirathi Vihar and on the basis of voluntary statements, Mohd. Amin and respondent were arrested under Sections 20(b)(ii)(C) & 29 of the NDPS Act on 1.6.2003.