MOHD RAFIQ KHANDE Vs. UNION OF INDIA

JUDGEMENT

(1.) By this common judgment, above-titled two petitions filed by the petitioner, one challenging order dtd. 4/3/2023 passed by the learned Principal Sessions Judge, Jammu (hereinafter to be referred as "the trial court"), whereby charges for offences under Ss. 8/20/29 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "the NDPS Act") have been framed against the petitioner and other seeking bail in a case arising out of complaint bearing NCB Crime No. 16/2022 dtd. 1/7/2022, registered with the Narcotics Control Bureau, Jammu for offences under Ss. 8/20/29 and 60 of the NDPS Act, are proposed to be disposed of.

(2.) As per the case projected in the complaint filed by the respondent- NCB against the petitioner and co-accused, on 1/7/2022, an information was received by the officials of the NCB that co-accused, Ghulam Mohiud- Din Shah, Ghulam Nabi Lone, Mohd Shafi Dar, Raju Ash Mohd alongwith the petitioner were carrying huge quantity of narcotic substance i.e. charas, concealed inside the spare tyre in Vehicle bearing registration No. JK05F 2441 (i10 Hyundai) that was proceeding from Srinagar towards Jammu. On the basis of this information, a case was registered. Thereafter, the NCB team, at about 0220 hours, intercepted the car bearing registration No. JK05F 2441 near Petrol Pump, Gumat Chowk, Jammu. After a few minutes, another car bearing registration No. DL06CP 6592 also reached the spot and both the cars were surrounded by the NCB team. While the petitioner and co-accused, Ghulam Mohiud Din Shah, Mohd Shafi Dar and Raju were found sitting inside the vehicle bearing No. JK05F 2441, co-accused Javaid Ahmad Parray, Tanveer Ahmad Qurashi and Mohd Akbar Khan were found travelling in vehicle bearing No. DL06CP 6592. Both the vehicles were subjected to search and from vehicle bearing No. JK05F-2441, five packets were recovered from the spare tyre of the car. These packets were found to contain 09.700 Kgs. of charas. However, nothing was recovered from the other car. The recovered charas was seized, the samples were prepared and sealed and panchnama was also prepared.

(3.) During investigation of the case, accused Ghulam Mohiud-Din Shah disclosed that charas was received by him from unknown person from Srinagar and that it was to be delivered to co-accused Tanveer Ahmad Qurashi. He further disclosed that he was to get an amount of Rs.11.00 lacs upon delivery of the charas to the designated person. Similarly, the statement of accused Ghulam Nabi Lone was also recorded, who disclosed that he had associated with and accompanied accused Ghulam Mohiud Din Shah, the main supplier of the charas. The statement of accused, Mohd Shafi Dar was also recorded, in which he admitted that he is an associate of Ghulam Mohiud Din Shah and Ghulam Nabi Lone. The statement of the petitioner under Sec. 67 of the NDPS Act was also recorded. He also admitted his association with Ghulam Mohidin Shah, Ghulam Nabi Lone and Mohd Shafi Dar. The statement of co-accused Raju was also recorded and he also admitted his association with other accused. Similarly, statements of accused Tanveer Ahmad Qurashi, Javaid Ahmd Parray and Mohd Akbar Khan were also recorded, who all admitted having association with other co-accused in the matter of transportation of the recovered charas.