JUDGMENT

CRM(M) No. 305/2024

01. Petitioner has invoked inherent jurisdiction of this Court for the quashment of order dated 09.02.2024, passed by learned 1st Additional Sessions Judge, Jammu [“the trial court”], whereby he came to be charged for offences under Sections 8/21/27-A/29 and 60 of The Narcotic Drugs and Psychotropic Substances Act, 1985, (for short “NDPS Act”) and Section 483 BNSS for his enlargement on bail, after his plea for a similar relief came to be rejected by the trial court.

THE PROSECUTION CASE

02. Background facts of the prosecution case are that Intelligence Officer of Narcotics Control Bureau (NCB), received a source information on 31.03.2023 at about 1645 hours that one Rameez Ahmed (the petitioner) was carrying a huge quantity of heroin, in a Maruti Celerio car bearing registration No. JK05E-1165 from Banatalab, Jammu to Punjab and he would reach Akhnoor Highway via Barnai Morh at around 2000 hours to 2200 hours. The NCB team, at around 1930 hours, reached Barnai Morh and intercepted the said car at about 2030 hours. The petitioner, who was driving the car, was signaled to stop and park the vehicle on the roadside. The Intelligence Officer, after his introduction, told the petitioner about the secret information received by NCB regarding smuggling of heroin in his vehicle from Banatalab to Punjab. He asked the petitioner about the keys of the vehicle, to which he told the Intelligence Officer that, apprehending recovery of heroin from his car, he had thrown the keys of the vehicle into the bushes alongside the road. On this, the NCB team broke the rear door mirror of the car and opened the lock. During search of the vehicle, the team recovered a wheat brown coloured jute bag from the front passenger seat of the car; which was found to contain three transparent packets in which there was white coloured material. On being questioned by the Intelligence Officer, the petitioner revealed that it was heroin. Packets were opened in the presence of the petitioner and, on testing the material with the NDD kit, the result came out to be positive for heroin. Each packet weighed 1.005 kgs with packing material and net weight of the contraband without packing material was 1 kg.

03. Further case of the prosecution is that when statement of the petitioner under Section 67 NDPS Act was recorded by the Intelligence Officer, he not only admitted recovery of 03 kgs of heroin from his possession, but he also revealed that heroin was supplied to him by one Tanveer Ahmed Tantrey of Uri, Baramula for transportation to Punjab, in lieu whereof, he had received Rs. 35.00 lacs (50% amount of the consignment). On this statement, petitioner formally came to be placed under arrest on 01.04.2023 at 1800 hours in Crime No. 01/2023, for offences under Sections 8/21/27-A/60 NDPS Act.

04. During investigation, the investigating agency produced the petitioner, along with case property, in the Court of learned Principal Session Judge, Jammu and extracted six representative samples of seized contraband. Thereafter case property along with samples came to be deposited in NCB Malkhana, Jammu on 02.04.2023 for safe custody. Samples, each containing 05 grams heroin were sent to Central Revenues Control Laboratory, New Delhi (CRCL) for chemical analysis and, as per the chemical test report, samples on test were found positive for heroin.

05. On the basis of statement of the petitioner recorded under section 67 NDPS Act, co-accused Tanveer Ahmed Tantrey came to be arrested on 22.08.2023. The investigating agency also received CAF, CDRs of seized mobiles of the petitioner and co-accused and their bank account statements, which according to the prosecution, indicate money transactions between them. The investigation culminated in the presentation of charge-sheet against the petitioner and co-accused.

CHARGE

06. The petitioner and co-accused came to be charged by the trail court on 09.02.2024 for offences under Sections 8/2