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2024 Supreme(J&K) 43

SANJAY DHAR
Javied Ahmad Gaddar – Appellant
Versus
Union of India through Intelligence Officer, NCB Jammu Zonal Unit – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Vasudha Sharma, Advocate
For the Respondent:Mr. Vishal Sharma, DSGI with Mr. Sumant Sudan, Advocate

JUDGMENT :

1. The petitioner has invoked jurisdiction of this Court under Section 439 of the Code of Criminal Procedure seeking bail in a case arising out of Narcotics Control Bureau(NCB) Crime No. 0016 of 2021 for offences under Sections 8, 22 and 29 of the Narcotic Drugs Psychotropic Substances Act, 1985 (for short the Act).

2. As per the complaint, on 25.11.2021, an information was received by the NCB officials that co-accused-Faiz Ahmed Sheikh is carrying huge quantities of narcotics “Spasmo Proxyvon Plus” which contains tramadol and that he is proceeding from New Delhi to Jammu in a Bus bearing registration No. HR 55 AC 8798. On the basis of this information, the NCB Team reached Sarore, Toll Plaza, Samba at about 0430 hours on 26.11.2021, where they intercepted a Bus bearing No. HR 55 AC 8798 and the same was subjected to search. Accused Faiz Ahmed Sheikh was found travelling in the said Bus and from his seat, a red and grey coloured bag was recovered that was found to contain boxes of “Spasmo Proxyvon Plus” inside it. A total number of 3456 capsules were recovered and each capsule was found to contain Tramadol Hydrochloride 50 mg. Accused-Faiz Ahmed Sheikh could not produce an

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