SHRISHAK SHARMA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Applicant, through this bail application under Sec. 439 CrPC, seeks grant of bail in his favour, in a case titled 'UT of J&K v. Ajay Gupta and Ors' for the commission of offences punishable under Ss. 8/21/22/29 NDPS Act pending disposal before the Court of learned 1st Additional Sessions Judge (Special Judge), Jammu asserting that he is one of the accused/under trial in the case and is presently lodged in District Jail, Jammu.

(2.) It has been asserted that the applicant is a businessman by profession in Delhi and that he has been falsely implicated in a case registered by the Crime Branch Jammu of J&K Police and arrested from his home on 20/11/2021 without disclosing any reason; that he was arrested and arrayed as accused only on the basis of confessional statement of other co-accused recorded under Sec. 67 of the NDPS Act, whereas no contraband had been recovered from his possession or at his instance; that the allegations and averments made in the entire charge-sheet and statement of other accused along with witnesses do not make out any case against the applicant for the commission of the alleged offences; that the trial court vide order dtd. 4/2/2023 had dismissed the application moved by the applicant for grant of bail. Finally, it was prayed that the applicant be admitted and released on regular bail in the case, pending on the files of the Special Court, arising out of FIR No.45/2020 registered at Police Station Crime Branch Jammu.

(3.) Pursuant to notice, the respondent filed objections, asserting therein that Anti Narcotics Task Force (ANTF) Jammu on 22/11/2020 learnt reliably that one Amit Saxena S/O Mukesh Saxena R/O Arjun Nagar, New Delhi along with Surjit Kumar S/O Madan Lal R/O Jadla Nawanshehar Punjab have been smuggling contraband drugs from Panipat to Srinagar in Truck No. PB10HB-3586 which was presently parked on Kunjwani Narwal Bye Pass. On this information, a case was registered vide FIR No. 45/2020 under Ss. 8/21/22/29 NDPS Act at Police Station Crime Branch Jammu and the investigation was assigned to Inspector Sunil Singh Jasrotia of ANTF Jammu; that during investigation, IO along with his team found the truck parked at roadside near Greater Kailash Chowk Jammu and during search detained the three occupants of the truck, who disclosed their identifies as Amit Saxen, Surjit Kumar and Rohit; that the Truck was subjected to search in presence of a Magistrate and 55 corrugated cardboard boxes of brown colour and one plastic bag of white and maroon colour concealed below the loaded blanket rolls were recovered from the truck; that on checking of all the cardboard boxes and plastic bag, Welcyrex Cough Syrup bottles packed in 50 card boxes, Wincirex Cough Syrup bottles packed in 5 card boxes and Spasmoproxyvon Capsules in strips packed in while maroon coloured plastic bag were recovered and seized; that on counting 6700 bottles of Welcyrex and Wincirex (670 litres of syrup containing Codeine) and 18000 capsules (09 kg 84 gm of salt containing Methaquolene) of Spasmo-Proxyvon Plus capsules in commercial quantity were recovered and the accused were arrested; that after investigation of the case, a preliminary chargesheet was produced before the court of learned 1st Additional Sessions Judge, Jammu against the accused namely Amit Saxena, Surjit Kumar and Rohit.