JAY GHANSHYAM SINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with NCB case being F.No.NCB/AZU/CR- 10/2021 lodged before the NCB Police Station, for offences punishable under Sec. 8(c), 22(c), 27A, 28, 29, 35, 54(c) and 54(d) of the Narcotics Drugs and Psychotropic Substance Act, 1985.

(2.) Mr. Bomi H.Sethna, learned advocate for the applicant submitted that no contraband article was either recovered or discovered at the instance of the applicant. Referring to the fact of the case, Mr. Sethna stated that the secrete information was received on the basis of which a search was conducted and accused no.1 - Sonu Ramnivas and accused no.2 - Prakash Ramanbhai Patel were found with contraband article Mephedrone, which was shown in the quantity of 4.550 kgs. and such Mephedrone was found at Ken Plaza, Flat No.B-101, Damani Jhapa, Dungri Faliys, Pardi, Valsad. Mr. Sethna stated that as per charge, information was received on 2/8/2021 and the team had raided the place on 03. 08.2021, under information that Prakash Ramanbhai Patel was going to deliver Mephedrone to Sonu Ramnivas. The team accompanying with Panchas entered Ken Plaza, Flat No.B-101, and when the leader of the raiding team enquired from Prakash Ramanbhai Patel, he states that he had come to deliver illegal drugs Mephedrone to Sonu Ramnivas, which was kept in blue colour backpack bag and on opening the bag a transparent polythene packet was found and on opening of the transparent polythene, they found white colour crystal substance and by electronic weighing machine brought by NCB team, the weight was noted as 4.550 kg. The substance was believed to be Mephedrone which had some moisture content.

(3.) Countering the arguments, Mr. Kartik V.Pandya, learned advocate for the NCB stated that Sonu Ramnivas has said in his voluntarily statement and according to him he had made all the payments to the present applicant in cash and once the applicant had desired to transfer an amount of Rs.5,00,000.00 to a person namely Vikram Vijay Bahadur Singh and for that Sonu Ramnivas has shown the Whatsapp chat of 30/9/2020, in which the applicant had confirmed the receipt of the amount. The said payment was by RTGS and for verification of the same, the letter was written to the Branch Manager AU Finance Bank, Vapi soliciting the Bank in account of Sonu Ramnivas and on statement received, it was found that the said transaction was made with Vikram Vijay Bahadur Singh. Mr. Pandya submitted that a letter was also submitted to Canara Bank for receiving the details of Vikram Vijay Bahadur Singh. The notice under sec. 67 was issued to NCB Mumbai Zone and the report is awaited.