ASHOK JAIN Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The petitioner prays for quashing of the proceedings of NDPS Case No. 117 of 2002, pending before the Court of the Learned Special Judge, Narcotic Drugs & Psychotropic Substances Act, 6th Court, Barasat, North 24-Parganas.

(2.) Pursuant to specific information, the officers and staff of the Narcotic Control Bureau intercepted a person on 03.10.2002 in front of his house at SA-84, Sector II, Salt Lake City while he was coming out of his house with a bag. He disclosed his name as Ramesh Giri and subsequently his name was found to be Ansar Rahaman. Upon searching, 3.5 kilograms of heroin was recovered from his person and some documents and Indian currency worth Rs. 16,000/- were recovered from his bed room. A Maruti 800 car belonging to Ansar Rahaman which was purchased with the money accumulated from drug business was also seized. The rented flat was in the name of one Rupa Giri, wife of Deepak Giri. As a follow up action, another rented house under possession and control of Deepak Giri was searched and 50 kilograms of heroin was recovered therefrom along with other documents.

(3.) In reply to a notice under Section 67 of the Narcotics Drugs & Psychotropic Substances Act, Ansar Rahaman appeared before the NCB officers and stated that he used to collect narcotics drugs from various persons including the present petitioner. The petitioner has been arraigned in the case on the basis of the statement of accused Ansar Rahaman and no other incriminating material was found against him.