IMPORTANT POINT
The court upheld the presumption of conscious possession under the NDPS Act, emphasizing the burden on the accused to prove otherwise, and denied bail due to the commercial quantity of narcotics involved.

ORDER :

CHANDRA DHARI SINGH, J.

1. The instant bail application has been filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) (now Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) seeking regular bail in complaint case no. VIII/42/DZU/21 registered under Sections 22(c)/23(c)/29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (hereinafter “NDPS”) at Police Station –Narcotics Control Bureau (hereinafter “NCB”).

2. As per the prosecution, on 26th July, 2021, secret information was received by Sh. JP Singh, Investigating Officer, NCB-DZU that a parcel bearing no. 8007134192 containing narcotics and psychotropic substance destined to United States is lying at DHL Express Pvt. Ltd.

3. Thereafter, the information was reduced into typing and was put before Assistant Director, NCB-DZU who marked the same with the direction to take necessary actions as per the law under the NDPS Act. The raiding team was constituted and they, along with the field-testing kit and all the requisite items required for search and seizure proceedings, reached DHL Express Pvt. Ltd., 71/3 Rama Road, Near Kirti Nagar, New Delhi at about 16.05 Hrs.

4. It is stated that the raiding team met one of the employees of the aforesaid courier company and after disclosing their identity, one Mr. Mustafa Raza agreed to become an independent witness. Thereafter, the suspected parcel with way Bill bearing No. 8007134192 was brought before the NCB team and the parcel was examined. The parcel was in the form of Khaki Cardboard box on which the details in the form of an invoice and way Bill were pasted.

5. Thereafter, the parcel was opened and upon opening the said carton box, six cylindrical shaped rolls of golden coloured laces were recovered. Upon removing the golden-coloured lace, a cotton thread was seen, on further removing it, strips of Tramadol Tablets were found concealed in it under which the plastic frame of roll was found. Similarly on checking the remaining rolls, same sort of packing was found in which Tramadol Tablets were concealed in similar fashion. The details of the quality and quantity are – Total 595 x 10 = 5950; Name of tablet – NRx Tramadol Hydocholride Tablets “OL – TRAM” (00 mg) manufactured by HAB Pharmaceuticals and Research Limited.

6. The weight of the 10 tablets was taken, it was found to be 3.5 Grams. By assumption and calculation there were 595 strips in total and there will be a total of 5950 tablets. Total weight of 5950 tablets came out to be 2.083 Kgs. The raiding team de-stripped the tablets and the emptied the same in a small pouch along with the remaining 594 strips were then put into a transparent polythene packet and its mouth was tied with the help of a plastic sutli. The seizure report dated 27th July, 2021 was prepared and thereafter, the seizure was sent to Malkhana.

7. The proceeding under Section 52A of the NDPS was compiled by the Investigating Officer (hereinafter “IO”) for drawing of samples from the seized case property on 18th August, 2021 before the learned Reliever Metropolitan Magistrate for sampling of the recovered contraband having 595 strips bearing batch no 964-09, that is, 5950 tablets in total. Two samples, marked as Mark A & A2, of one strip of 10 tablets each were drawn by the IO. During the investigation, the prosecution issued a notice under Section 67 of the NDPS to Mr. Rajesh Gupta on 25th August, 2021 and his statement was recorded on dated 1st September, 2021.

8. On 2nd September, 2022, Mr. Rishabh Tandon (co-accused) was intercepted at Lucknow and his statement under Section 67 of the NDPS was recorded. It is stated that Mr. Tandon tendered his statement voluntary wherein he disclosed that he received the aforesaid parcel from Mr. Shadab Khan (co-accused/applicant herein) and booked the same. He also disclosed other incriminating facts and allegedly admitted his involvement with the applicant herein in the commission of present crim