The involvement of an accused under the NDPS Act cannot be solely based on a voluntary statement recorded under Section 67, and the nature and gravity of the offense are crucial factors in considering bail applications.

JUDGMENT

Vivek Singh Thakur, J. - Petitioner has preferred this petition, under Section 439 Cr.P.C., seeking regular bail in case Crime No. 66 of 2019, dated 7.11.2019 registered under Sections 8, 20, 25, 28, 29 and 60 of Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as 'NDPS Act') in Police Station Narcotics Control Bureau,Chandigarh, District Chandigarh.

2. Prosecution case, as evident from copy of complaint filed with petition, is that on 7.11.2019, a specific information was received by Rajan Singh Bisht, Surveillance Assistant NCB through reliable source with respect to trafficking of charas and opium, which was reduced into writing by him and put up before Superintendent NCB Chandigarh at 01.05 PM, whereupon Superintendent NCB had instructed to constitute a team to take further necessary action as per law.

3. As per information, two persons, namely Kuldeep and Hardeep, both resident of Mani Majra Chandigarh, were engaged in charas and opium trafficking and they had been transporting a huge consignment of charas and opium on that day, received from one Dev Raj, resident of Banjar to deliver it to one Karamvir @ Landa resident of Pinjore (petitioner) by using Mahindra Pickup vehicle bearing No. HP-12J-4403 and they were likely to reach at Toll Barrier Baddi between 4 PM to 5 PM.

4. It is the case of prosecution that on 7.11.2019 at about 2.45 PM, the team constituted by Superintendent NCB reached at Toll Barrier Baddi Himachal Pradesh and contacted Police Station Baddi with request to provide two independent witnesses. Further that despite best of efforts made by the team, no one from the local public had agreed to witness the search and seizure proceedings, but, at about 3.45 PM, two police officials namely Akram Khan and Shiv Kumar Constables, posted in Police Station Baddi, had approached the scene. Both of them were introduced to NCB team by Investigating Officer and were made aware of secret information. Both of them were requested, in writing, to witness the search and seizure proceedings for which they had agreed.

5. According to prosecution, at about 4.45 PM Mahindra Pickup, matching with secret information, reached the Toll Barrier which was stopped and person sitting at driver's seat, on inquiry had introduced him as Kuldeep son of Gafur, resident of Mani Majra and person sitting besides him had disclosed his name as Hardeep Kumar son of Harish Kumar. They were taken to nearby barrier of Excise and Taxation Office and Investigating Officer had introduced himself and his team members including independent witnesses to them by showing Identity Cards and also about the secret information received by him with respect to trafficking of charas and opium by both of them and therefore, expressed the intention to search the vehicle Mahinder Pickup van.

6. It is further case of prosecution that during search of pickup van, at first instance, nothing was recovered. However, on stern inquiry, both of them had confessed that they had concealed the charas and opium in a special cavity made at backside of pickup, below the registration number plate whereupon pickup van was again searched and both of them had removed the number plate and had taken out 10 silver colored packets and informed that one of those packets was containing opium, while other nine were containing charas.

7. Recovered contraband was weighed and seized by following the procedure provided under NDPS Act and total recovered charas was found 8 Kg. 750 grams and recovered opium was found 1.020 Kg.

8. On 8.11.2019 Karamvir petitioner was served with summons under Section 67 of NDPS Act and his house as well as his vehicle Car No. CH-01BU-2516 were searched. Besides other articles, three mobile phones, a silver small weighing machine and an electronic compact scale were also recovered and seized from his residence. During investigation, on 8.11.2019 voluntary statements under Section 67 of NDPS Act of all i.e. Kuldeep, Hardeep and Karamvir were