SHARIF KHAN Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The instant petition is maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in Crime No. 15 of 2016, dated 15.04.2016, under Sections 8, 18, 29 and 60 of the ND&PS Act, registered by Narcotic Control Bureau, Chandigarh.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Tersely the facts of the case are that on 14.04.2016 NCB, Chandigarh, got a secret tip-off that one Sanjay Patidar is coming to Mandi from Madhya Pradesh in new Force Traveler bus for delivering a consignment of opium. Acting upon the secret tip-off, a team was constituted and at about 11:15 p.m. the said team alongwith two independent witnesses reached Dashmesh Dhaba Jaghon, where the said Traveler bus, having No. MP11TR-N 6107, was parked. The door of the vehicle was locked from inside and a person was sleeping inside. On being knocked, the said person opened the door and divulged his name as Sanjay Patidar, resident of Madhya Pradesh. He further divulged that he is driver and taken the vehicle from Force India Ltd. Patampur, District Dhar, MP for delivering it to Force Motor Ltd. Depot, Rani Ke Bain, VPO Gutkar, Tehsil Sadar, District Mandi. Thereafter, personal search of Sanjay Patidar was conducted, but nothing incriminating was found. Said Sanjay Patidar himself handed over a polythene packed, which was kept under the last seat of the bus, which contained some sticky substance and it was opium. On weighment, the contraband was found to be 3 (three) Kgs. Thereafter, all the codal formalities were conducted. Sanjay Patidar divulged that the owner of the recovered contraband is one Sharif @ Sharif Khan (petitioner herein). During the course of further investigation it was unearthed that the petitioner has already been arrested by NCB Chandigarh in connection with seizure of 2.800 kgs of opium and the petitioner in his statement under Section 67 of the ND&PS Act, disclosed that he is owner of 3 (three) kgs of opium. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found actively involved selling the contraband and he was also found involved in illegally transporting 3(three) Kgs of opium, which is a commercial quantity. In case the petitioner, at this stage, is enlarged on bail, there is every possibility that he may flee from justice or tamper with the prosecution witnesses, as he is resident of Madhya Pradesh, so the bail application may be dismissed.