PANKAJ SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested in Crime No. 16 of 2023, dtd. 4/7/2023 for the commission of offences punishable under Ss. 8, 21, 23 and 29 of ND&PS Act, registered at NCB CZU, Chandigarh. As per the prosecution case, recovery of 3.3 grams of Cocaine/Methaqualone was effected from a parcel on 4/7/2023. Subsequently, other parcels were found and recovery of 4.365 grams of opium, 4 vials of 10 ml. each of Psilocybin Cubensis Strain Mondo was also effected. The petitioner was arrested after the recovery of the first parcel and he is not connected with any of the parcels. The petitioner is innocent and he was falsely implicated. The petitioner would abide by all the terms and conditions which may be imposed by the Court. He is a permanent resident of Solan district and there is no chance of his absconding. Hence, the petition.

(2.) The petition is opposed by filing a status report. It was asserted that secret information was received by NCB on 4. 7.2023 that a parcel was sent from the U.K. to Solan. The Director General authorized the team to take the controlled delivery of the article. The NCB team checked the parcel at Solan and prepared a panchnama. The petitioner approached the Post Office to take delivery of the parcel. NCB apprehended the petitioner and recovered 3.3 grams of Cocaine/Methaqualone from his possession. Another registered letter was intercepted from Head Office, The Mall and 4.367 grams of cocaine was found in it. NCB conducted a search on 21/7/2023 and recovered 04 vials of 10 ml. each of Psilocybin Cubensis Strain Mondo. This substance was recovered for the first time in the region and extensive investigation is required to know the reach and effect of the drug. The test was found positive for cocaine and Methylenedioxymethamphetamine Hydrochloride (MDMA). There was no facility for testing Psilocybin Cubensis Strain Mondo and the same is being sent to CFSL after obtaining permission from the Court. The articles were sent from the United Kingdom, Germany, Netherlands and France. The case has international ramifications. The possibility of more recoveries cannot be ruled out. The parcels are being sent on fake names and addresses and are being collected by the petitioner personally. The offence is serious. Release of the petitioner on bail would affect the investigation adversely. Therefore, it was prayed that the present petition be dismissed.

(3.) I have heard Mr. Sunil Chauhan, learned Counsel for the petitioner and Mr. Ashwani Pathak, learned Senior Counsel, assisted by Mr. Dev Raj, Advocate for the respondent-NCB.