TaxTMI 
TaxTMI 
2023 (10) TMI 1617
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....f trial, is also additional ground, pressed into service. It is to be noted that before filing of this application, the applicant had approached this Court, seeking a similar relief, however, on expressing disinclination to entertain the application, on its consideration, the same was withdrawn on 9/11/2022. Thereafter, once again, a second application was moved, which met with the same fate, as I specifically recorded that the second Bail Application is not a review, and hence on earlier occasion, when the application was filed, the material which was pressed into service while hearing the second application was argued to have not been placed before the Court. As a consequence, even the second Bail Application was dismissed on 28/3/2023. Being aggrieved by this order, the applicant approached the Apex Court and it was expressed by their Lordships that the applications filed by the applicant securing his release on bail was never heard on merits by the High Court, and while setting aside the order dated 28/3/2023 on merit, the matter was remitted to the High Court for consideration of the application on merits, without being influenced by the withdrawal of the first applic....
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....EY- 1278. That the said scooty was searched and officers recovered green leafy substance in transparent poly bag. The said leafy sdubstance was tested on field testing kit and the same tested positive for Ganja. The weight of the said substance was 22 gms. g) That the said contraband was kept in transparent polythene pouch. The same was zip locked and placed in a brown colour envelope on which the details of the contents therein were written and marked as 'M-1' and pasted shut and sealed with NCB seal no. 03. That on the said envelope Panchas, Applicant and seizing officer put their dated signature. h) That on further search one capsule was found in a transparent poly bag alleged to be psychotropic substance. The poly bag was kept in a white envelope on which details of substance therein was written and marked as 'M-2' and pasted shut and sealed with NCB seal no. 03. That on the said envelope Panchas, Applicant and seizing office put their dates signature. i) That a notice u/s.67 of the NDPS Act was issued to the Applicant on the spot with the direction to remain present before the Investigating Officer in NCB/MZU/CR-35/2021. That the panc....
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....the panchas reached at the house of the applicant at about 10.20 hours and a 19 year old boy i.e. the applicant, was given the background and the purpose of the visit, which was followed by a house search. As far as the compliance of Section 50 is concerned, the panchnama has recorded as under :- "Then Ashish Ranjan Prasad, IO, explained Zaid Rana about the Section-59 of NDPS Act verbally and also in writing, that he has legal right to be searched before any nearest Gazetted Officer or Magistrate under section-50 of NDPS Act in which he politely declined verbally and also in writing. He says that he understood the offer given to him u/s.50 of NDPS Act and he doesn't with to call any Gazetted Officer or Magistrate for his personnel search and any officer of NCB can conduct his personal search. He willingly agreed to be personnel search before the Officers.". 6 His search led to 70 blots of M.D in his brown wallet which was kept in the left pocket of the trouser and it was handed over to the Investigating Officer. Certain other documents were also recovered from the wallet which included the credit cards, pan card, Aadhar card etc. The seized contraband was confirm....
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....e panch. These discrepancies which are writ large, is the ground on which Mr.Khan would pray for release of the applicant. Another lacunae in the case of the prosecution to which Mr.Khan would point out his finger at, is about packing of the contraband. According to him, the panchnama reflects 70 blots of LSD procured from the wallet of the applicant being collected in a transparent zip lock polythene pouch and thereafter put in a white coloured envelope marked as 'M'. In the statement of the applicant, there is reference to a brown colour envelope and when the LSD was produced before the Magistrate, it was contained in white colour envelope and after opening and checking, the blots, the same was re-packed in the same plastic pouch and placed in a brown envelope and marked as 'LS'. This, according to Mr.Khan makes the case of the prosecution, doubtful. 10 Ms. Pai, learned Special Counsel for NCB has offered explanation to all the aspects highlighted by Mr.Khan and it is her specific statement that these are all the aspects to be considered during the course of trial, as it is not permissible to have a mini trial at this stage. She do not express any surpris....
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....ses of Zahid Rana, the applicant. A notice u/s.67(c) is issued to him on the spot, directing him to submit his say about the recoveries and even on this document, the number of the Tilak proceedings i.e. NCB/MZU/CR/ 35/2021 find a mention. It is also recorded as under :- "Zahid Rana requested to IO Ashish Ranjan Prasad to come along with NCB Team to which he agreed and after that, the IO Ashish Ranjan Prasad along with NCB team and Zahid Rana moved the NCB office". 12 Ashish Ranjan, the Investigating Officer has offered his explanation since I had directed an affidavit to be filed to ascertain the process followed by him, which fail to convince me, that what is done in this case. 13 In Babita @ Tai Mohan Shardul Vs. State of Maharashtra, 1994, Cr.L.J, 792, the Division Bench of this Court has recorded as under :- "6 Evidence of this witness therefore, clearly shows that whatever was written on the labels of the packets, which were placed within the wrappers, was written at the spot, namely, where the appellant was apprehended, and the brown sugar was recovered and seized. Surprisingly, however, we find that on all those labels, the Crime Register number of t....
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....rap/search and seizure, the accused is taken to the NCB office and there, the C.R is registered and the crime number is allotted. At this stage, whether the procedure followed is right or wrong, and what would be its consequence, is not for me to determine, but this definitely make the prosecution case, Tilak doubtful, as it proceeds on a footing that the information received is bound to result into a positive seizure and though Ms.Pai had argued that it is possible for the Officer to proceed with the tentative number of the C.R, Mr.Ashish Ranjan has submitted that he made a phone call and thereafter, had put the number of the C.R on the panchnama. The notice issued to the applicant u/s.67 of the NDPS Act, also has a mention of C.R No.35/2021 and it is stated to be registered at NCB, Mumbai. Zonal Unit, which is an incorrect statement as the notice was served to the applicant immediately after the panchnama was prepared and before he was taken to the police station. Merely because the case number was obtained on telephone and it is put in the panchnama and the notice u/s.67, it is not conclusively shown that the case was registered at NCB, Mumbai Zonal Unit. Apart fr....