HARDAYAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicants are claiming bail under Sec. 439 of the Cr.P.C. for the offence registered under Sec. 8(c) read with Ss. 15(c), 18, 25, 27-A, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') in Crime No.99 of 2021 registered by the Intelligence Officer, Narcotics Control Bureau, Mumbai Zonal Unit, Mumbai.

(2.) Applicants Hardayal Singh and Jivan Singh have been allegedly arraigned as accused of possessing narcotics drugs and its seizure from their shops. They have been arrested on 23/11/2021. Applicant Saddam Ajmeri was arrested on 23/11/2021.

(3.) The prosecution case, in brief, was that on secret information, in the presence of two panchas, a seizure was effected in a shop situated Opposite Lohlangar Gurudwara, Sagam Road, Carrier Co., Hingoli Hyderabad Bypass Road, Kamtha, Nanded. In the said seizure, 111 kg, of Poppy Straw, including Powder and 1.4 kg, of black sticky substance purported to be Opium and cash of Rs.1,55,490.00. In response to the notice, all applicants appeared before the investigation officer. Their voluntary confessional statements under Sec. 67 of NDPS Act were recorded, and then they were arrested. It has been alleged that they were involved in the conspiracy to procure, possess, transport, sell, purchase, finance, and commit offences under the NDPS Act. It has been alleged that the quantity of seized Poppy Straw was commercial. The samples from seized contraband were taken for chemical analysis and sent to the concerned laboratories. Prima facie evidence was against the applicants.