DEEN MOHD Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) Petitioner craves indulgence of this Court for the grant of regular bail under Section 439 Cr.P.C in case bearing NCB Crime No.51 dated 22.11.2016, registered under Sections 8 , 20 & 29 of the NDPS Act, 1985 at Narcotics Control Bureau, Chandigarh (hereinafter to be referred as 'the NCB').

(2.) The prosecution case started with the allegations that on 22.11.2016, a secret information was received by the team of NCB, Chandigarh that the accused/petitioner was carrying approximately 2 kgs. of Charas from Himachal Pradesh and has visited the house of co-accused Kasturi Lal, resident of H.No.165, Pink Vihar, Chhavni Mohalla, P.S. Salem Tabri, Ludhiana. Thereafter team of the NCB, Chadigarh raided the house of Kasturi Lal from where the accused/petitioner Deen Mohd. was apprehended along with 1.600 kgs. of Charas and currency notes of Rs.45,000/- (in old denomination of 90 notes of Rs.500/-). The total recovery of 1.600 kgs. of Charas was effected from the accused/petitioner. Co-accused Kasturi Lal ran away from his house on arrival of the NCB team.

(3.) Crime No.51/2017 dated 22.11.2016, under Sections 8 , 20 and 29 of the NDPS Act, 1985 was registered at the NCB Zonal Unit, Chandigarh. As per allegations in the complaint, it was recorded that on 22.11.2016, a specific information was received from a reliable source by Avdesh Kumar Investigating Officer that one person named Deen Mohd. of Chamba (H.P.) is delivering huge quantity of Charas to Kasturi Lal at H.No.165, Pink Vihar, Chhavni Mohalla, P.S. Salem Tabri, Ludhiana between 1930 hours to 2000 hrs. If surveillance is mounted near house of Kasturi Lal, the said person along with the consignment can be apprehended. The said information was reduced into writing and submitted to Kuldeep Sharma, Superintendent, NCB, Chandigarh Zonal Unit. Thereafter the Superintendent constituted a team under his supervision to carry out the preventive operation.