IMRAN KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application for bail under Sec. 439 of the Code of Criminal Procedure, 1973. The applicant is accused no. 2 in NDPS Special Case No. 41/2022, who is facing trial being charged for offences punishable under Ss. 20(b)(ii)(A), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the NDPS Act", for short) arising from FIR No. 183/2021 registered with the Pernem Police Station, North Goa. On the investigation of the case having concluded, a chargesheet was filed against the applicant and other co-accused on 21/5/2022. The applicant was arrested in connection with the said FIR on 25/11/2021.

(2.) The case of the prosecution is that on 25/11/2021 at 18:10 hours, a complaint against the applicant-Imran Khan (accused no. 2) and two others, namely, Shabab Khan (accused no. 1) and Niyazuddin (accused no. 3) came to be registered at the Pernem Police Station by PSI Vivek Halarnkar. The complaint was to the effect that on 25/11/2021 at 13:05 hours, the accused persons were caught red handed in illegal possession of narcotic drugs Ganja weighing 49.2 grams worth Rs.5,000.00; narcotic drugs and psychotropic substances suspected to be Ecstasy tablets weighing 15.7 grams worth Rs.1,50,000.00 and MDMA weighing 19.10 grams worth Rs.1,90,000.00 (all being drugs total worth of Rs.3,45,000.00), which were seized. PSI Vivek Halarnkar along with the raiding team and the panch witnesses had reached the spot, at 13:15 hours, namely, the house which was rented by accused no. 1 and the applicant, situated at Khind, Morjim. Upon searching the living room one brown colour shoulder bag kept on the sofa was found. Upon checking the said bag, it was found that there was one autopress transparent polythene packet containing in it grass like leafy substance suspected to be narcotic drug known as Ganja. Upon asking Shabab Khan, Imran and Niyazuddin confirmed that said grass like leafy substance was stated to be Ganja. PSI Vivek Halarnkar took the small pinch of said grass like leafy substance suspected to be Ganja and tested through Narcotic detection kit supplied by Kwick Soft Solutions Private Limited. The test showed to be positive for Ganja. The autopress transparent polythene bags containing in it grass like leafy substance suspected to be Ganja was weighed on the electronic weighing scale was found to be weighing 49.2 grams. That upon further checking of the said bag another autopress transparent polythene packet was found which was containing in it total 33 tablets i.e. blue colour skull shaped tablet 04, blue colour hexagon shape 08 tablets, yellow colour hexagon shape 10 tablets, pink colour skull shape 02 tablets and pink colour rectangular shape 09 tablets suspected to be narcotic drugs Ecstasy. PSI Vivek Halarnkar took the small pinch of pink rectangular tablet and tested with Narcotic detection kit supplied by Kwick Soft Solutions Private Limited. The test showed to be positive for narcotic drugs known as Ecstasy. The said autopress transparent polythene bags containing in it total 33 tablets suspected to Narcotic drug Ecstasy was weighed on the electronic weighing scale and same was found to be weighing 15.7 grams. Upon further checking of the said bag, one more autopress transparent polythene packet was found containing in it 05 wrapped white polythene containing in it glass like crystals substance and 09 wrapped white polythene with red adhesive tape above it containing in it glass like crystals substance suspected to be narcotic drugs MDMA. PSI Vivek Halarnkar tested the sample through Narcotic detection kit supplied by Kwick Soft Solutions Private Limited. The test showed to be positive for narcotic drug known as MDMA. The glass like crystals substance suspected to be Narcotic drug MDMA were weighed on the electronic weighing scale and same was found to be weighing 19.10 grams. That the Panchanama commenced at 13:05 hours and concluded at 16:15 hours which was prepared in English as per the say of independent witnesses and explained to them in Konkani. It is the prosecution's case that a proper field test was conducted under a panchanama on which the signature of the panch witnesses was taken and such recovery was sealed.

(3.) It is the case of the prosecution that during interrogation, the statement of the said three accused persons was recorded. The applicant and the accused were arrested on 25/11/2021 at 18:10 hours. It was revealed from the statement of Shabab Khan (accused no. 1) that he had procured the contrabands from one Lucky Sharma (accused no. 4). Further, the statement of Mr. Gorakh @ Shekhar Poke, the owner of the premises from where the applicant along with the co-accused was apprehended and the contrabands were seized, came to be recorded which, revealed that the said house was rented to Shabab Khan (accused no. 1) and Imran Khan (accused no. 2). He stated that he had procured a "tenant verification form" of Shabab Khan (accused no. 1) and Imran Khan (accused no. 2). It is the case of the prosecution that the occupancy of the said premises of the applicant and accused no. 1 from where the drugs were seized was clearly established.