JUDGMENT :

RAJESH SEKHRI, J.

01. Since both the petitions trace their origin to the same Crime No. 10/2024 of NCB, Jammu, they are being disposed of by virtue of this common judgment.

02. Petitioners have invoked inherent jurisdiction of this Court primarily for the quashment of charge-sheet; “NCB vs. Mohd. Mansha & Ors.”, pending on the files of learned Principal Sessions, Rajouri, [“the trial court”], and order dated 16.05.2025 vide which they came to be charged for offences under Sections 8/21/25/29/60 NDPS Act. They also seek their liberation on bail.

03. As the prosecution story would unfold, the respondent-NCB, on 16.04.2024, at 1630 hours, received source information that petitioners were on their way to smuggle a huge quantity of Narcotic Drugs in village Solki in Rajouri. Information was reduced into writing and brought to the notice of the Superintendent, NCB Jammu. On the completion of legal formalities, the team same day left for Rajouri, at about 1730 hours. On 17.04.2024, the team reached village Solki at about 1730 hours. They tried to associate independent witnesses, but none acceded to their request. At about 1330 hour, the NCB team intercepted a suspect bike/motorcycle bearing registration No. JK11 F-3661, which was being driven by petitioner-Mohd. Rafiq and a vehicle bearing registration No. JK11 B 6509, moving alongside. Petitioners no. 1 to 3 were found sitting in vehicle No. JK11 B 6509. On search, a packet kept under the seat of petitioner-Mohd. Mansha, who was sitting on the left window side, opposite the driver seat, came to be recovered from the vehicle bearing registration No. JK11 B 6509. It suspected to contain Narcotic Drugs, wrapped in a transparent plastic polythene under cloth packing. The packet was opened in the presence of petitioners, and when some quantity of material was checked by way of NDD kit, it tested positive for heroin. The packet, with the packing material, weighed 0.900 kgs, whereas net weight of the contraband, without packing material, was found 0.870 kgs, which came to be seized and sealed on the spot. According to the investigating agency, all accused persons, petitioners herein, were in conscious possession of the contraband. Both the vehicles were seized on spot. Voluntary statements of petitioners, according to investigating agency were recorded and they were placed under arrest.

04. The investigating agency forwarded a sample of the contraband to CRCL Delhi for chemical examination. The lab report came to be received on 20.05.2024, whereby though it showed the presence of Viagra, it did not test positive for Heroin, Amphetamine, Methamphetamine, Ketamine, Methaqualone, Cocaine and THC. However, the investigating agency, for further confirmation, preferred an application in the trial court on 30.05.2024 for re-testing of the second sample, which was allowed on the same day, and sample was forwarded to CFSL Chandigarh for re-testing. However, on the basis of report of CRCL Delhi, petitioners were admitted to interim bail by the trial Court on 18.09.2024, subject however to the rider that concession of bail would remain subject to the receipt of report from CFSL Chandigarh. The report from CFSL, Chandigarh was received by investigating agency on 20.12.2024, whereby Tramadol, Caffeine and Dextromethorphan came to be detected in the sample. On the receipt of this report, prosecution filed application before the trial court to recall the interim bail, and learned trial court, vide impugned order dated 05.02.2025, cancelled the interim bail and petitioners were remanded to judicial custody.

05. The investigation culminated in the presentation of impugned complaint/charge-sheet against the petitioners in the trial court. According to the investigating agency, facts of the case, evidence collected by it and attending circumstances suggest direct involvement of the petitioners in the commission of offences.

06. Petitioners are aggrieved of order dated 05.02.2025, vide which their interim