PARMANAD VISHWAKARMA Vs. STATE OF JHARKH

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioner is apprehending his arrest in connection with NCB Crime No. 04/NCB/Ranchi/2015 (02/2015-16), arising out of NDPS Case No. 17 of 2015, for the offence punishable under Sections 8/18(b) of the NDPS Act, pending in the court of the learned Special Judge-cum-Judicial Commissioner, Ranchi.

(3.) The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. It is alleged that on secret information received by a team of Narcotics Control Bureau (NCB), a surveillance was made near Maner Dhaba, Kathal More, Ranchi at about 22.15 hours on 06.10.2015. After sometime, one Mahindra Bolero SLX vehicle bearing registration no. BR02P8577 was seen coming towards the said place. The said vehicle was stopped and one person was found sitting in the vehicle. Thereafter, the NCB team immediately surrounded the said vehicle and asked the person to come out of the vehicle at 22.30 hours. The said person disclosed his identity as one Manga Singh, son of Sada Ram, resident of Village Saharan Majra, P.S.Malour, District Ludhiyana, Punjab. After explaining the provisions of Section 50 of t he NDPS Act, 1985 to said Manga Singh, his personal search was made. Thereafter, on search of the said vehicle bearing registration no. BR02P8577, one yellow plastic bag was found in sealed condition. After opening the plastic bag, some blackish brown coloured viscous and sticky substance was found and on being tested on the spot with the kit available with the NCB team, a positive result for "opium" was obtained. The weight of the said opium was found to be 3 kg. Said Manga Singh tendered his voluntary statement under Section 67 of the NDPS Act, 1985 on the next date i.e., on 07.10.2015 at NCB office at Ranchi wherein he admitted his involvement in trafficking of raw opium. Said Manga Singh also made voluntary statement that he used to transport the opium under the instruction of the petitioner for which the said vehicle of the petitioner was being used.