Point of Law : NDPS Act – Search and seizer of charas – Grant of Bail - Petitioner has already suffered more than 11 months of incarceration which amounts to pretrial detention.

JUDGEMENT :

1. This revision petition has been filed against the Order dated 22nd February 2021, passed by 1st Additional Sessions Judge, Jammu (for short “Trial Court”) dismissing the bail application, bearing File No.1171/BA titled Mohd. Aslam Batana v. Narcotics Bureau Gandhi Nagar, Jammu, and for setting aside the same, with a further prayer to grant bail in favour of petitioner.

2. The case set up by petitioner in the instant petition is that petitioner was allegedly arrested on 22nd November 2020 from Nagrota Toll Post when he was coming from Srinagar to Jammu along with his family in his own vehicle. He was whisked away to police station Nagrota in the first instance and thereafter to the office of Narcotics Control Bureau (NCB) and implicated by respondent in some false and frivolous case, bearing Crime no.02/2019 dated 24th March 2019 for commission of offences punishable under Sections 8 & 20 NDPS Act, 1985, whereas petitioner is neither involved in any such offence nor is he connected with alleged offenders. An application for grant of bail is stated to have been filed by petitioner on 28th November 2020 before the Trial Court, which has been rejected vide order dated 22nd February 2021.

3. Objections have been filed by respondents, in which they submit that secret information was received from reliable sources on 24th March 2019 at 1500 hours that two persons, namely, Bashir Ahmad Khan and Showkat Ahmad Dar, were carrying huge quantity of narcotic drugs, i.e., Charas, in a car Toyota Corolla bearing Registration No.DL7CG-1566, from Kashmir Valley and reaching Jammu via Ban Toll Plaza, Nagrota, Jammu. After statutory and procedural compliance, the NCB team reached in front of Ban Toll Plaza Nagrota, Jammu, at about 1830 hours, and started watching vehicles coming from Srinagar side towards Jammu for arrival of abovementioned vehicle. At about 2015 hours, the NCB noticed the above car and immediately indicated the said car to stop. On asking the person seated on driver seat, disclosed his identity as Showkat Ahmad Dar and other person sitting in the front seat of the said car disclosed his name as Bashir Ahmad Khan. On search of car, a false cavity behind the back seat of the said car was found and on opening the said cavity through screw, 35 packets were recovered. Out of 35 packets, 16 packets were wrapped with white colour cello tape having marking 22.22 and 19 packets were wrapped with brown colour cello tape (04 packets having marketing APPLE & 15 packets having marking 777). On further inquiry from accused, Bashir Ahmad Khan and Showkat Ahmad Dar, they disclosed that all 35 packets were containing Charas and on testing with Narcotics Drugs, detection kit by NCB officers, it was confirmed to be Charas, NCB officer further weighed all contraband with weighing machine and its total weight came to 36 kgs including packing material. It is stated that based on evidence and voluntary and confessional statement given on 25th March 2019, by Bashir Ahmad Khan and Showkat Ahmad Dar, in which they, inter alia, admitted their guilt of being found in conscious possession and recovery of Charas, a narcotics drugs contravening Section 8 of NDPS Act 1985 and the accused were, accordingly, arrested at 0950 hours and 1215 hours on 25th March 2019 under Section 8, 20, 60 NDPS Act. The chemical analysis report from Chemical Examiner Grade II of Central Revenues Control Laboratory, New Delhi, vide their test report was received, which was confirmed for positive result of Charas in the drawn samples. During investigation, accused, Bashir Ahmad Khan, accepted that seized drug was given by petitioner, Mohd Aslam Batana, whereupon I.O. issued summons to petitioner, but he tried to escape and did not cooperate in the investigation of the case. It is also contended analysis of customer Application Form (CAF) of petitioner, it has come to notice that the mobile number used was in the name of Nasreena Begum F/H Fazal Rehman R/o Sogam, Kupwara,