PRAMOD KUMAR Vs. NARCOTICS CENTRAL BUREAU

JUDGEMENT

(1.) THIS petition has been preferred for grant of bail in NCB Criminal Case No. 1 of 2014 dated 3.1.2014 registered by Narcotics Control Bureau (NCB), Sub -Zone Ramnagar Mandi, under sections 8, 20, 29 and 60 of Narcotic Drugs and Psychotropic Substances Act (for short: NDPS Act).

(2.) THE respondent has produced the records of the investigation. The prosecution case appears to be that on 3.1.2014 secret and specific information was received by the Intelligence Officer (for short; I.O.) that four persons, who were involved in smuggling of Charas and were carrying charas in the vehicle bearing registration No. HP -01K -2598, which information was reduced into writing and laid before the Superintendent, NCB, Chandigarh. The Superintendent NCB telephonically directed the I.O. to organize a surveillance operation and constitute a team of NCB for intercepting the vehicle and the accused. At about 1640 hours, the I.O. alongwith constituted team reached at near Village Chowki Jari, Tehsil Bhunter District Kullu, where they associated two independent witnesses and divulged the information regarding drug trafficking and requested them verbally and in writing to witness the process of search of vehicle as and when it arrives.

(3.) THE NCB team searched the vehicle in presence of two independent witnesses and during search the I.O. detected some suspicious items in the false ceiling near light and he directed the driver to remove the light bulb. On removing the light, it was discovered that there were three packets wrapped in dark brown coloured tape in the false ceiling of the vehicle. On asking the driver as also the three occupants of the vehicle, they disclosed that there was Charas inside these packets. On opening these packets in presence of the accused and the witnesses, it was found that the same contained dark brown coloured chapatinuma and finger shaped and round shaped substances, some of which were wrapped in transparent polythene, while the others were wrapped with brown tape and all the packets contained the same substance out of which strong smell was coming. A small portion of suspected material from entire stuff was taken out separately and test was conducted with the help of drug detection kit by the I.O., which answered positive for Charas/Hashish.