TaxTMI 
TaxTMI 
2025 (10) TMI 1424
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....22/29 of NDPS Act registered with NCB Zonal Unit, Jammu. 2. As per case of prosecution, on 26.08.2024 at about 1900 hours, a secret information was received by officials of NCB, Jammu from a reliable source to the effect that two persons namely Zahoor Ahmed Shah and Mohammad Abas Bhat are travelling from Jammu to Delhi in a passenger bus bearing registration No. HR38B898 along with huge quantity of narcotic drugs and that the bus will pass from Zamindara Dhaba, Ring Road between 0500 hrs. to 900 hrs. on 27.08.2024. On the basis of this information, a team of NCB officials reached the spot and at about 0630 hrs, on 27.08.2024, bus bearing registration No. HR 38B8986 was seen coming from Zamindara Dhaba, Ring Road. The said bus was signale....
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....hat he is accompanying with Zahoor Ahmad Shah in connection with transportation of the seized contraband drugs. He further admitted that seized contraband drugs were supplied by Mohd. Shahbaaz. Accused Mohammad Abas Bhat was also arrested thereafter. 4. The seized contraband which was sealed in different lots was produced before the Chief Judicial Magistrate, Samba and samples were drawn from these lots which was sealed and sent to the laboratory at New Delhi for chemical analysis. 5. The petitioner-Sareed Ahmed Ganie was apprehended by NCB officials on 02.09.2024 and his statement under Section 67 of the NDPS Act was recorded. In his statement, the petitioner admitted his guilt of receiving and selling of narcotic drugs and psychotro....
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....mpik, 0.5 mg. Alprazolam from Delhi to Anantnag and they were intercepted by team of NCB Jammu on 27.08.2024. It was also found that the petitioner is receiver of seized drugs and he has, besides violating Section 8 of the NDPS Act committed offences under Section 21, 22 and 29 of the NDPS Act. 8. After completion of the investigation, the respondent NCB filed complaint before the learned Principal Sessions Judge, Samba (hereinafter referred to as "trial Court") against the petitioner and co-accused Zahoor Ahmad Shah, Mohammad Abas Bhat and Mohd. Shahbaaz. Prior to filing of the complaint before the learned trial Court during the phase of investigation, the application of the petitioner for grant of bail was rejected by the trial Court v....
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....n, severity of the punishment in the event of conviction and danger of the accused absconding or fleeing if released on bail, character, behaviour, means, position and standing of the accused, likelihood of the offence being repeated, reasonable apprehension of the witnesses being influenced and danger of justice being thwarted by grant of bail are required to be considered by a Court while granting bail in non-bailable offences. However, when it comes to offences under NDPS Act, if the recovery of the contraband substance falls in the commercial quantity, then besides the aforesaid factors, at the time of considering the prayer for grant of bail of the accused, the Court is also required to factor in the provisions contained in Section 37 ....
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....oner was in constant touch with the co-accused particularly on 24.08.2024, a few days prior to the recovery of the consignment of contraband drugs. 14. The issue as to whether a statement made by an accused before NCB officials under Section 67 of the NDPS Act is admissible in evidence is no longer res integra. The Supreme Court has in a three Judge Bench judgment delivered in the case of Tofan Singh Vs. State of Tamil Nadu; (2021) 4 SCC 1 held that the confessional statement recorded under Section 67 of the NDPS Act by NCB officials will remain inadmissible in the trial of an offence under the NDPS Act. Therefore, any statement made by accused Zahoor Ahmad Shah under Section 67 of the NDPS Act implicating the petitioner or any statement....