MOHD. MANSHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Since both the petitions trace their origin to the same Crime No. 10/2024 of NCB, Jammu, they are being disposed of by virtue of this common judgment.

(2.) Petitioners have invoked inherent jurisdiction of this Court primarily for the quashment of charge-sheet; NCB vs. Mohd. Mansha & Ors. , pending on the files of learned Principal Sessions, Rajouri, [ the trial court ], and order dtd. 16/5/2025 vide which they came to be charged for offences under Ss. 8/21/25/29/60 NDPS Act. They also seek their liberation on bail.

(3.) As the prosecution story would unfold, the respondent-NCB, on 16/4/2024, at 1630 hours, received source information that petitioners were on their way to smuggle a huge quantity of Narcotic Drugs in village Solki in Rajouri. Information was reduced into writing and brought to the notice of the Superintendent, NCB Jammu. On the completion of legal formalities, the team same day left for Rajouri, at about 1730 hours. On 17/4/2024, the team reached village Solki at about 1730 hours. They tried to associate independent witnesses, but none acceded to their request. At about 1330 hour, the NCB team intercepted a suspect bike/motorcycle bearing registration No. JK11 F-3661, which was being driven by petitioner-Mohd. Rafiq and a vehicle bearing registration No. JK11 B 6509, moving alongside. Petitioners no. 1 to 3 were found sitting in vehicle No. JK11 B 6509. On search, a packet kept under the seat of petitioner-Mohd. Mansha, who was sitting on the left window side, opposite the driver seat, came to be recovered from the vehicle bearing registration No. JK11 B 6509. It suspected to contain Narcotic Drugs, wrapped in a transparent plastic polythene under cloth packing. The packet was opened in the presence of petitioners, and when some quantity of material was checked by way of NDD kit, it tested positive for heroin. The packet, with the packing material, weighed 0.900 kgs, whereas net weight of the contraband, without packing material, was found 0.870 kgs, which came to be seized and sealed on the spot. According to the investigating agency, all accused persons, petitioners herein, were in conscious possession of the contraband. Both the vehicles were seized on spot. Voluntary statements of petitioners, according to investigating agency were recorded and they were placed under arrest.