GURJIT SINGH Vs. NARCOTICS CONTROL BUREAU, JAMMU ZONE

JUDGEMENT

(1.) The Petitioner has invoked the jurisdiction of this Court under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita [BNSS] for his enlargement on bail for allegedly commission of offences punishable under Ss. 8, 21, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act ["NDPS Act"].

(2.) The Petitioner and co-accused were sent up for trial for the commission of aforementioned offences by the Narcotics Control Bureau ["NCB"], Jammu and are as such facing trial before the Court of learned Special Judge (NDPS cases), Jammu ["the Trial Court"].

(3.) The Prosecution case, in brief, is that on August 06, 2018, NCB, Jammu alleged to have received a written complaint from the Station House Officer (SHO), Bahu Fort, Jammu, that they have received an information about transportation of narcotics consignment in a truck bearing registration No. JK02AD-3965. Accordingly, a team of NCB, Jammu, in collaboration with the police team of Police Station Bahu Fort, laid a Naka at Rajiv Nagar Chowk, Narwal Bye-Pass, Jammu, on August 06, 2018 and at around 1300 hours, the Truck in question was intercepted. On enquiry, the driver and conductor have disclosed their identities as Gurjit Singh (Petitioner herein) and Ravi Kumar (co-accused), respectively. During search, the accused said to have made a disclosure statement that the consignment of Heroin has been concealed in a false cavity of the cabin at the rear side of the truck. Consequently, 51 packets of Heroin, weighing 52.523 kilograms, including packaging material, alleged to have been recovered and seized. The Petitioner also alleged to have made a statement under Sec. 67 of the NDPS Act, whereby he had disclosed the names of other kingpins involved in the drug trafficking.