07.03.2025
(Oral)
01. Petitioner has invoked special jurisdiction of this Court, under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for bail, after his
plea for the said relief, vide order dated 03.8.2024, came to be declined by the
Court of learned Principal Sessions Judge, Samba [“the trial court”].
02. Brief facts of the case are that officers of Narcotics Control Bureau
(NCB), Jammu, on 10.03.2022 recovered 1113 bottles of codeine based cough
syrup from the possession of one Mahendra Singh, resident of District Mathura,
UP at Sarore Toll Plaza, Samba. Crime No. 08/2022, for the commission of
offences under Sections 8, 21 and 60 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 [NDPS Act] was registered and he came to be arrested on
11.03.2022. During investigation, accused-Mahendra Singh made a disclosure
that he had received the aforesaid consignment, containing 6 cartoons of brown
Colour codeine based cough syrup from a person namely Rinku of Delhi, to be
further handed over to some person in Srinagar. The investigating agency
obtained CAF and CDR of the said accused, Mahendra Singh and the suspected
supplier from concerned service provider and on analysis of the CDR, it
surfaced that petitioner was in regular contact with accused, Mahendra Singh,
who on examination disclosed that petitioner is the supplier of seized
contraband and had been arrested by NCB, Jammu in crime no. 14/2022 under
Sections 8, 22, 29 and 60 of NDPS Act dated 28.05.2022 and was already
lodged in District Jail, Ambphalla, Jammu, in connection with seizure of 560
bottles of codeine based cough syrup. On the basis of the statement of accused,
Mahendra Singh and the CDRs, the petitioner came to be arraigned as an
accused in the present crime.