CrlR no.06/2021

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

…

CrlR no.06/2021

Reserved on: 29.07.2021

Pronounced on: 11.10.2021

Mohd. Aslam Batana

……. Petitioner(s)

Through: Mr M. A. Bhat, Advocate

Versus

Narcotics Control Bureau Gandhi Nagar, Jammu

………Respondent(s)

Through: Mr Vishal Sharma, ASGI

CORAM:

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

1. This revision petition has been filed against the Order dated 22^nd

February 2021, passed by 1^st Additional Sessions Judge, Jammu (for

short <Trial Court=) dismissing the bail application, bearing File

No.1171/BA titled Mohd. Aslam Batana v. Narcotics Bureau Gandhi

Nagar, Jammu, and for setting aside the same, with a further prayer to

grant bail in favour of petitioner.

2. The case set up by petitioner in the instant petition is that petitioner was

allegedly arrested on 22^nd November 2020 from Nagrota Toll Post

when he was coming from Srinagar to Jammu along with his family in

his own vehicle. He was whisked away to police station Nagrota in the

first instance and thereafter to the office of Narcotics Control Bureau

(NCB) and implicated by respondent in some false and frivolous case,

bearing Crime no.02/2019 dated 24^th March 2019 for commission of

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offences punishable under Sections 8 & 20 NDPS Act, 1985, whereas

petitioner is neither involved in any such offence nor is he connected

with alleged offenders. An application for grant of bail is stated to have

been filed by petitioner on 28^th November 2020 before the Trial Court,

which has been rejected vide order dated 22^nd February 2021.

3. Objections have been filed by respondents, in which they submit that

secret information was received from reliable sources on 24^th March

2019 at 1500 hours that two persons, namely, Bashir Ahmad Khan and

Showkat Ahmad Dar, were carrying huge quantity of narcotic drugs,

i.e., Charas, in a car Toyota Corolla bearing Registration No.DL7CG-

1566, from Kashmir Valley and reaching Jammu via Ban Toll Plaza,

Nagrota, Jammu. After statutory and procedural compliance, the NCB

team reached in front of Ban Toll Plaza Nagrota, Jammu, at about 1830

hours, and started watching vehicles coming from Srinagar side

towards Jammu for arrival of abovementioned vehicle. At about 2015

hours, the NCB noticed the above car and immediately indicated the

said car to stop. On asking the person seated on driver seat, disclosed

his identity as Showkat Ahmad Dar and other person sitting in the front

seat of the said car disclosed his name as Bashir Ahmad Khan. On

search of car, a false cavity behind the back seat of the said car was

found and on opening the said cavity through screw, 35 packets were

recovered. Out of 35 packets, 16 packets were wrapped with white

colour cello tape having marking 22.22 and 19 packets were wrapped

with brown colour cello tape (04 packets having marketing APPLE &

15 packets having marking 777). On further inquiry from accused,

Bashir Ahmad Khan and Showkat Ahmad Dar, they disclosed that all

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35 packets were containing Charas and on testing with Narcotics Drugs,

detection kit by NCB officers, it was confirmed to be Charas, NCB

officer further weighed all contraband with weighing machine and its

total weight came to 36 kgs including packing material. It is stated that

based on evidence and voluntary and confessional statement given on

25^th March 2019, by Bashir Ahmad Khan and Showkat Ahmad Dar, in

which they, inter alia, admitted their guilt of being found in conscious

possession and recovery of Charas, a narcotics drugs contravening

Section 8 of NDPS Act 1985 and the accused were, accordingly,

arrested at 0950 hours and 1215 hours on 25^th March 2019 under

Section 8, 20, 60 NDPS Act. The chemical analysis report from

Chemical Examiner Grade II of Central Revenues Control Laboratory,

New Delhi, vide their test report was received, which was confirmed

for pos