IN RE: PIYUSH SHARAF @ PIYUSH SARAF Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner, custom authority and CBI. Considered their respective submissions. Perused the case docket.

(2.) The petitioner, Piyush Sharaf being arrested on Nov. 21, 2015 in connection with NDPS Case No. N120 of 2013 relating to an offence punishable under Sec. 21(c) of the NDPS Act, 1985 has approached this court with a prayer for bail. The investigation of the aforesaid case has already been concluded and the same is pending for trial before the learned Additional District and Sessions Judge, 6th Court, Barasat, North 24 Parganas.

(3.) According to the case of the prosecution acting on a specific source information that in a cargo huge quantity of contraband articles were about to be dispatched by air from Calcutta Airport, the officers of the custom had been to the cargo complex NSCBI Airport and spotted 8 parcels. However, nobody came forward to claim ownership thereof. Those parcels were then taken to the custom office and in presence of independent witnesses same were opened and it was found that total 19872 tablets of Spasmo Proxyvon having two different batch numbers were there. The content of said tablets were believed to be Propoxyphene Napsylate, which is a manufactured drug (Opium derivative) and on reasonable belief that an offence punishable under the NDPS Act has been committed, the same were seized. On chemical examination it was confirmed that those tablets really contained the aforesaid manufactured drugs and found to have contained Propoxyphene, Acetaminophen and Dicyclomine.