MAYANK GIRISHBHAI SHAH Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) By this application under Sec. 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the applicant seeks to invoke the inherent powers of this Court praying for quashing of the Special NDPS Case No.10 of 2022 pending before the learned 3rd Addl. Sessions Judge and Special NDPS Judge, Ahmedabad (Rural) and all other ancillary proceedings arising therefrom.

(2.) The nuts and bolts of the case of the prosecution are that on 20/9/2021, an Intelligence Officer of the respondent No.1- Department, namely, Shri Atul Yadav received a tip-off that a courier Airway Bill No.561695954206 which was lying at DHL Express (I) Pvt. Ltd. City Gold Center, Ground Floor, Behind Police Chowki, Vejalpur, Ahmedabad (Gujarat) is suspected to be containing contraband substance, on the basis of which, a team of NCB officers was formed under the supervision of Shri Atul Yadav for taking necessary action as per law. Thereafter, Panchas were also called for who got acquainted about the said information. Thereafter, after following necessary procedure, one custom officer Shri Hem Vyas got acquainted with the said information by the raiding team and asked about the said consignment. Thereafter, the said consignment was brought before the raiding party which was labelled as Airway Bill No.5616954206. Then, upon a search being carried out of the said consignment, 40 plastic jars labelled with eight different Digestive Supplements (Hing Peda, Fruit Goli, Darksh Vati, Hajma Goli, Anar Dana, Madhuri Imli, Jet Imly and Chaat Goli) were recovered. Thereafter, a sample was taken from each of the aforesaid jars and tested with the drug detection kit, and on such test being carried out, each sample was found to be tested positive for 'opium' which is a contraband substance listed under the NDPS Act . Thereafter, the said contraband substance was weighed with the weighing machine, upon which, it was found to be 6.294 kilograms. Then, the further mandatory procedure of seizure was also carried out.

(3.) Following the aforesaid recovery of contraband substance 'opium', one person, namely, Mayank G. Shah, i.e, the applicant herein came to be apprehended on 21/9/2021, and upon he being further enquired, he revealed that one consignment containing same contraband is lying in his warehouse viz. Shah Exim situated at Block No.255, Opp. GEB Sub Station, Sanathal, Ahmedabad (Gujarat), and accordingly, a seizure of 1.790 kgs of opium was made.