AJAY JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This order is for the disposal of 5th bail application of the applicant Ajay Jain. The applicant is involved in Crime No. 01/2008 of Police Station-CBN , Indore registered under Sections 8/22 (c), 25, 27A, 29, 30, 9A, 25A and 80 of the NDPS Act read with Rule 66 of the Drugs and Cosmetics Act, 1940.

(2.) First bail application of the applicant was dismissed as withdrawn on 19/05/2010 in M. Cr.C. No. 3261/2010; second bail application was also dismissed as withdrawn on 06/08/2010 in M. Cr.C. No. 4358/2010; third bail application was dismissed on merit on 01/10/2010 in M. Cr.C No. 6034/2010 and the forth bail application was dismissed as not pressed on 23/02/2011 in M. Cr.C No. 710/2011.

(3.) According to the prosecution story, on 21.6.08 at 10.00 hours an information was received from the informer that one Ajay Jain S/o S.K. Jain R/o Indrapuri, Bhanwarkua Road, Indore is indulged in illicit trafficking of Psychotropic Substances from quite some time. It was also informed that Ajay Jain may go to deliver the Alprazolam powder to a smuggler between 12.00 hours to 15.00 hours in noon, carrying it in his car Ford Fiesta bearing registration No. MP-09/MJ-4444, from Mandir Wali Gali near Saraswati School, Indrapuri via Bhanwarkua. If the car and Mr. Ajay Jain is intercepted and checked, the recovery of illicit Psychotropic Substance may be possible. After due paper formalities a preventive party was sent for surveillance. At about 13.30 hours the said car was seen by the preventive party; on identifying the car and on having keen observation on accused, they were signaled to stop. On search of the vehicle, a paper cartoon kept on the left side of the driver seat was found. On enquiry about recovered substance Ajay Jain has admitted that it is Alprazolam powder. In search of the dash board of the car a polythene bag containing white powder was also found, which was Ephedrine. The intercepted person Ajay Jain admitted that he was having no document or licence to possess or transport the psychotropic substance inter alia Alprazolam powder and Ephedrine. The recovered substance was weighed, the Alprazolam powder was net 5.200 Kgs and Ephedrine was 2 gms. The said Alprazolam powder purported to be found for the purpose of illicit transportation and possession to the prohibition contained under Section 8 of the NDPS Act and the NDPS Rules. The voluntary statement of Ajay Jain was recorded, wherein it is said by him, that he with the help of Sanjay Chauhan who is running a shop in the name of Skyage Entertainment, Indrapuri and Amit Sharma running a shop in the name of National Pharma, Sapna-Sangeeta Road, Indore, indulged in the purchase, sell, transport and possession of the contraband Psychotropic Substances. It was further disclosed by him that Sanjay Chauhan had kept a concealed cartoon containing 5.200 Kgs of Alprazolam in his shop Skyage Entertainment, which may be seized if immediate action could be taken by the preventive party. In his statement he has further disclosed that the Kingpin of the conspiracy is the co-accused Sudarshan Sengar @ Guddu and Sunil Sengar @ Pappu.