MOHD. ASAGEER Vs. N.C.B

JUDGEMENT

(1.) Heard Sri Satish Trivedi Senior Advocate assisted by Sri Ajay Kumar Pandey Advocate, the learned counsel for the applicant and Sri Ashish Pandey Advocate, the learned counsel appearing for the Narcotics Control Bureau.

(2.) The present application has been filed seeking release of the applicant on bail in Case Crime No. 1 of 2020, under Ss. 8(c), 20(C), 28, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (which will hereinafter be referred to as ''the Act'), Police Station NCB Lucknow.

(3.) The recovery memo states that at 19:30 hours on 1/1/2020, information was received that a Truck was transporting 500.6 kg. Ganja from Orissa to Moradabad, Uttar Pradesh and a team of officials of NCB and another team of STF started on 1/1/2020 at 21:15 hours from Lucknow and it reached Moradabad at about 04:00 a.m. on 2/1/2020. It is alleged that besides some vehicles passing on the road, no person of the public was seen nearby. It was decided that independent witness be asked from the Police Station - Special Economic Zone and the Station House Officer called two persons namely Riyasat Hussain and Zakir Hussain, who agreed to witness the recovery. The team observed a Truck parked on the road side and at about 08:45 a.m. a Car came and stopped about 100 meters away from the truck. Two suspicious persons got down the car and proceeded towards the truck while two other persons continued sitting in the car. The truck driver also got down and he along with the persons, who had got down the car, started inspecting the truck. The NCB team apprehended all the three persons and it is stated in the recovery memo that the applicant, who was driving the truck, had informed that about 600 kg. Ganja was kept in a secret cavity in the truck, which was being transported from Odisha to be delivered to Mohd. Atikurrahman resident of Gorakhpur and Zafsar Ali resident of Sambhal and the other two persons also made similar statements.