HC sets aside discharge in NPDS case, directs Trial Court to frame charges against respondent


JAMMU, Jul 3: In a petition filed by NCB against the order dated 03.05.2019, passed by Principal Sessions Judge, Jammu, vide which, respondent came to be discharged for commission of offences under Sections 8, 21, 29 & 60 of The Narcotic Drugs and Psychotropic Substances Act, 1985 ["NDPS Act"].
Justice Rajesh Sekhri of Jammu & Kashmir and Ladakh High Court after hearing Adv Sumant Sudan vice DSGI Vishal Sharma for the NCB, allowed the petition and set-aside the order of Trial Court and directed Trial Court to frame charges against respodent and proceed with the trial in accordance with law.
Background facts of the case, set out by the prosecution in the trial court, are that on 06.08.2018, petitioner received a written complaint from SHO, Bahu Fort, Jammu that an information had been received regarding Narcotics consignment being carried in a truck bearing Registration No.
JK02AD-3965 and a request was made to depute a team so that appropriate legal action could be initiated. Consequently, a team of NCB was constituted along with police team of Police Station, Bahu Fort and a Naka was laid at Rajiv Nagar Chowk, Narwal, Bye Pass, Jammu on 06.08.2018. At around 1300 hours, the aforesaid truck on its way from Kashmir to Jammu was intercepted. The driver and the conductor of the truck revealed their identity as Gurjit Singh and Ravi Kumar respectively, whose personal search was conducted in presence of the Executive Magistrate 1st Class, Jammu. They disclosed that Heroin was concealed in a false cavity of the cabin in the backside of the truck, consequent whereupon 51 packets of Heroin weighing 50.300 Kgs (without packed material) was recovered and seized. Both driver and conductor of the truck, namely, Gurjit Singh and Ravi Kumar were arrested. During investigation, statements of aforesaid accused came to be recorded in terms of Section 67 of the NDPS Act, whereby accused-Gurjit Singh revealed that transaction of the seized contraband was being carried out on the instructions of accused-Ravinder Singh, the respondent herein, who was lodged in Central Jail, Kot Bhalwal, Jammu.

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