JAVIED AHMAD GADDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has invoked jurisdiction of this Court under Sec. 439 of the Code of Criminal Procedure seeking bail in a case arising out of Narcotics Control Bureau(NCB) Crime No. 0016 of 2021 for offences under Ss. 8, 22 and 29 of the Narcotic Drugs Psychotropic Substances Act, 1985 (for short the Act).

(2.) As per the complaint, on 25/11/2021, an information was received by the NCB officials that co-accused-Faiz Ahmed Sheikh is carrying huge quantities of narcotics 'Spasmo Proxyvon Plus' which contains tramadol and that he is proceeding from New Delhi to Jammu in a Bus bearing registration No. HR 55 AC 8798. On the basis of this information, the NCB Team reached Sarore, Toll Plaza, Samba at about 0430 hours on 26/11/2021, where they intercepted a Bus bearing No. HR 55 AC 8798 and the same was subjected to search. Accused Faiz Ahmed Sheikh was found travelling in the said Bus and from his seat, a red and grey coloured bag was recovered that was found to contain boxes of 'Spasmo Proxyvon Plus' inside it. A total number of 3456 capsules were recovered and each capsule was found to contain Tramadol Hydrochloride 50 mg. Accused-Faiz Ahmed Sheikh could not produce any legal document authorizing him possession of the said capsules. The capsules were seized and the samples were sealed.

(3.) Accused-Faiz Ahmed Sheikh in his statement recorded under Sec. 67 of the Act disclosed that he had received these capsules from one Saleem, a resident of Delhi and that the same were to be handed over to Javed Ahmed, the petitioner herein. He further disclosed that in the previous past, he had brought two consignments of 'Spasmo Proxyvon Plus' from Saleem and delivered the same to the petitioner. Accused-Faiz Ahmed Sheikh was taken into custody.