Point of Law: Where the materials placed before the Court disclose grave suspicion against the accused which has not been properly explained, the Court will be fully justified in framing a charge and proceeding with the trial.

JUDGMENT :

Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned standing counsel for the respondent-NCB.

2. In this petition under Section 482 of the Cr.P.C., read with Article 227 of the Constitution of India, the petitioner, Md. Sofiqul Islam @ Safiqul Islam has challenged the legality, propriety and correctness of the order dated 20.12.2021, passed by the learned Addl. District & Sessions Judge No.2, Kamrup (M) at Guwahati, in NDPS Case No.60/2019.

3. It is to be noted here that vide the impugned order dated 20.12.2021, the learned Court below has framed charge against the petitioner under Section 8(c)/21(c)/22(c)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (here-in-after referred to as ‘the NDPS Act’).

4. The factual background leading to filing of the present petition, is briefly stated as under:

“On 28.02.2019, at about 1800 Hrs., Sri Phani Narjary, Intelligence Officer, Narcotics Control Bureau, Guwahati Zone received one information that one Mograb Ali along with one Jiaur Rahman and Abdul Motleb Mir, using fake documents, are going to transport huge quantity of Relaxcof and Recofex Codeine based cough syrup consignment by his own vehicle, a Renault Kwid bearing Regn. No.AS-26-B-5506, from Barsajai, Lalmati at Guwahati to Dhubri via NH37, to deliver the same to different persons at Dhubri and driver Jiaur Rahman would load the said consignment near Maruti Suzuki Showroom, opposite to Audi Showroom, Barsajai, Lalmati, Basistha at Guwahati and Mograb Ali also, has huge quantity of Methamphetamine tablets in his vehicle.

Then reducing the said information into writing, he had submitted a copy of the same to the Superintendent, NCB, Guwahati and further he had forwarded a copy to the Zonal Director, NCB, Guwahati, and thereafter a team comprising of himself and Sri Bam Shankar, Sri Kuldeep Tomar, Sri Karamvir Singh, Sri Manjesh Kumar, Sri Rajiv Choudhury, Sri Sadhan Roy, Sri Suraj Kumar Singh and Sri Nogram, proceeded and reached at NH-37, near Maruti Suzuki Showroom, and they kept vigil on arrival of the said car and after some time, the car reached the spot and then the team stopped the vehicle and checked the same and found seven (7) numbers of brown coloured cartoon boxes on the rear side luggage space (boot space) and another eight (8) numbers of brown coloured cartoon boxes in the back seat of the car and found three persons in the vehicle, namely-Mograb Ali, Jiaur Rahman and Abdul Motleb Mir. Then they have opened all the 15 cartoons and in five cartoons they have found containing 120 bottles each of Relaxcof cough syrup, each bottle contained codeine phosphate 10 mg, Chloropheni Ramine Malesta IP 4 mg and all the 12 cartoons contained 120 bottles each, totaling 1200 bottles of Recolex cough syrup, containing codeine phosphate 10 mg, Chlorpheceramine Mabete IP 4 mg and when asked, Mograb Ali stated that he had fake documents for the consignment and that his drug license is already invalid.

Thereafter, the NCB team tested the bottles with drug detection kit, carried by them and the same tested positive for the presence of codeine and there were total 18 numbers of codeine based cough syrup bottles. On further search of the vehicle, they found two blue coloured plastic packets from the left side glove box and on asking, Mograb Ali told that the same are his tablets (Methane Phosphete Tablets) and having been tested, the same gave positive test for Methane Phetaranol. Then on reasonable belief of committing the offences under Section 8(c) read with Section 21(c)/22(c)/29 of the NDPS Act, all the 1800 bottles/15 boxes of Recolex and Relaxof codeine based cough syrup bottles and 758 W1 tablets (68 gms) Methane Phstamine Tablets were seized under Section 43 of the NDPS Act. On checking of left side of the glove box they also found ICICI bank deposit slip, ICICI bank saving account cheque books, Notary Agreement of drug license, GST invoice of TNB Pharma bills and also found