KANHAIYA LAL NATH Vs. STATE

JUDGEMENT

(1.) In wake of onslaught of COVID-19, abandon caution is being taken while hearing the matters in Court.

(2.) The petitioner has been arrested in connection with FIR No.VIII(IO)05/NCB/JZU/2017 registered at Police Station N.C.B., Jodhpur for the offence punishable under Sections 8, 15 and 25 of the N.D.P.S. Act. He has preferred this second bail application under Section 439 Cr.P.C.

(3.) The facts as noticed by this Court are that on 17.4.2017, the Information Officer received a secret information that on 18.4.2017, a person named Kanhaiya Lal s/o Tarachand Nath will be coming towards Jodhpur town driving a Tata Truck No. GJ-18-AV-5511 and the truck in question shall be utilised for transporting Poppy Straw (Doda Post). The information further revealed that the owner of the truck Ravi Prakash Sharma s/o Radheyshyam Sharma will be escorting the saidtruck in a Swift Dzire car. Upon this information, the N.C.B. team reached at Dangiyawas Bye-pass on 18.4.2017 and while they were looking for the truck in question, at about 3:00 AM, the same arrived and was stopped. The container of the truck was having a seal of Hitachi 12916 which was broken and when the container was searched by the NCB team, 87 bags of Poppy Straw were found beneath the AC kits boxes. After usual formalities of search and seizure, the petitioner was arrested. Thereafter, challan was filed against the petitioner under Section 8, 15, 25 and 29 of the NDPS Act. Thereafter, charges were framed under Section 8/15 and 8/15 r/w 29 of the NDPS Act.