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The petitioner (Bhagwan Singh) pleaded for bail under Section 20 and 29 of the Narcotics Drugs and Psychotropic Substance Act ,1985(NDPS act )
The N.C.B. (NARCOTICS CONTROL BUREAU) received a secret information from one of its sources that a man named Bhagwan Singh, aged 35 years would come to a bus stand in a bus and could be carring huge quantity of charas. With the team of seven officials headed by Sh. Deepak Atri ,the he was cought with 7 kgs of charas.
As given in the judgment, “He was carrying a bag (pitthu bag), which was checked and one plastic bag containing three plastic pouches containing a dark brown colour substance was found. On inquiries, Bhagwan Singh informed the team that the said substance was charas. A small quantity of the same was taken out and was checked on a field testing kit and the substance tested positive for charas. ”
Bhagawn was summoned under Section 67 of the NDPS Act, to be appear before Sh. Deepak Atri to be intoragated.
According to NCB, the said statement was also voluntarily given and incriminates the petitioner.
Apart from the alleged voluntarily statements of Bhagwan Singh and the petitioner, NCB also relies on the call detail records, which indicates that the accused Bhagwan Singh had connected (received as well as dialled) with mobile phone number, which was at the material time allegedly used by the petitioner.
The petitioner’s advocate Mr.Sumit argued that there were no incriminating materials against the petitioner. He contended that the petitioner was not named in the secret information on the basis of which Bhagwan Singh had been apprehended. He further contended that no incriminating material was found in possession of the petitioner.
Although, the accused Bhagwan Singh had stated that he had brought the charas to supply to another person and he had described this person as ‘Bhedha Bhai’, he submitted that ‘Bhedha Bhai’ is a common expression and means big brother or elder brother
There was no suffent evedance or proof because the statement did not include the witnesses to be examined, although it was voluntarily submitted. The NCB could not establish that the statements relied upon by them were given voluntarily .
When questioned on the second time on 14.06.2019, A plain reading of the said statements also indicates that the petitioner had not admitted or confessed that he was involved in the offence for which he is charged.
However, he had admitted that on one previous occasion, he had purchased two kilograms of charas from Bhagwan Singh at a consideration Rs.30,000/-. Insofar as the use of mobile phone number is concerned, he denied that he was using the same on 11.09.2019.
The court said, ”the alleged voluntary statement of Bhagwan Singh may not be sufficient to convict the petitioner of the alleged offence. Undisputedly, no incriminating material was found from the petitioner. The NCB places reliance on two statements recorded under Section 67 of the NDPS Act.“
The petitioner was allowed to be released on bail with personal Bond and one surety.
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