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2022 Supreme(J&K) 406

PUNEET GUPTA
Phool Chand – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Jagpal Singh
For the Respondents: Sumant Sudan; Vishal Sharma

JUDGEMENT/ORDER

1. The petitioner-accused seeks bail in the complaint filed by the respondent against the petitioner herein and Muzaffar Ahmed Bhat for offences under Section 8/22/29 NDPS Act.

2. The case set up by the prosecution in the complaint is that on 18.03.2020 the naka was laid near Sarore Toll Plaza, Samba by the Narcotics Control Bureau as the information was received by the Bureau that Muzaffar Ahmed Bhat son of Haju Noor Mohd. Bhat is to visit Sopore from New Delhi via Jammu with huge quantity of narcotics i.e. Spasmo Proxyvon plus capsules and the said person is travelling in a bus of which registration number is given in the complaint. The bus when approached the naka on 18.03.2020 at about 6:30 A.M. the Bureau officials approached the driver of the bus and thereafter the accused was also found to be in possession of a bag. The bag was seized and 12,960 capsules were recovered from the bag belonging to the accused Muzaffar Ahmed Bhat. The statement of said accused was recorded by the concerned officer and in the said statement he disclosed that he had purchased the narcotics from Phool Chand son of Faquir Chand. The statement of the petitioner-accused Phool Chand was r

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