Serious charges under the NDPS Act necessitate denial of bail unless stringent statutory conditions are met.

ORDER

1. This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F. No. NCB/AZU/CR-16/2021 registered by Intelligence Officer Narcotics Control Bureau Ahmedabad for the offence punishable under Sections 8(c)/18(b), 23(c), 27(A), 29 and 35 of the Narcotics Drugs Psychotropic Substances Act 1985.

2. The brief facts of the case are as under:

2.1 That, 6.294 Kgs (Gross weight of opium vide panchnama dated 20/09/2021, from the DHT Express (I) Pvt Ltd, City Gold Centre, Ground Floor, Behind Police Chowki, Vejalpur, Ahmedabad (Gujarat). In the follow up 1.790 Kgs of Opium (gross weight) seized from warehouse of Shah Exim situated at Block No. 255, Opp. GEB Sub Station, Sanathal, Ahmedabad (Gujarat) under panchanama dated 21.09.2021 and in follow up Mayank G. Shah was arrested after finding his role as volunteered by them under section 67 of NDPS Act, 1985.

Furthermore Mayank G. Shah was put under arrest and after conducting medical examination Mayank G. Shah was produced before Hon’ble Court. Thereafter, after conducting investigation, the person who sent the contraband from New Delhi to Ahmedabad to Mayank G. Shah was identified and an input in this regard was shared with Narcotics Control Bureau, Delhi Zonal Unit. On the basis of said input, the NCB, Delhi Zonal Unit was intercepted accused Pramod Kumar Bansal S/o.

Murledhar Bansal and seized the same contraband from conscious possession of accuse Pramod Kumar Bansal which was same contraband which was seized in first and second seizure of this Zonal Unit i.e. Opium balls from the courier box which was booked by Pramod Kumar Bansal. That, the said courier was also destined to Gujarat. Further, the identity and photograph of the accuse Pramod Kumar Bansal was also verified by one witness of the Case Shri Tarun Kapuriya. That after conducting investigation, it was found that accuse Pramod Kumar Bansal has supplied the seized contraband to accused No. 1, Mayank G. Shah. The said facts were confirmed by the witness of the case i.e. courier persons of New Delhi from which the seized contraband was sent to Ahmedabad to Mayank G. Shah. That, the complaint of his case was filed u/s 36 A (d) (4) of the Narcotic Drug and Psychotropic Substances Act 1985 within stipulated time i.e. 180 days Under Section &(c), 18(b), 23(c), 27A, 29 and 35 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (as amended) of the Narcotics Drugs and Psychotropic substances Act 1985. Thus, after his arrest his approached the learned Sessions Court concerned vide Criminal Misc. Application No. 1162 of 2022 in NDPS Case No. 10 of 2022 but the same was rejected on 2nd May 2022.

3. Heard learned advocate for the applicant as well as learned APP for the respondent no.1 State and learned Standing Counsel for the respondent No.2-NCB.

4. It was submitted by learned advocate for the applicant that the applicant has been falsely implicated in the offence.

That the copy of the Aadhar Card provided by the courier service provider did not bear the signatures of the applicant as the courier service provider has allegedly mentioned in the statement and therefore, the applicant is being scapegoated in the conspiracy. That, Tarun Kapuriya is not arrested till date by the respondent. That, alleged contraband opium was found from the conscious possession of the co-accused Mayank G Shah and after recording his statement under Section 67 of the NDPS Act, subsequently, present applicant was also arrested in the alleged offence and therefore, the alleged contraband opium was not found from conscious possession of the present appli