JUDGMENT Through the instant petition, all the aforesaid four petitioners, who are booked in case FIR No. 009/2013 registered in Police Station Awantipora under sections 21/22 of Narcotic Drugs and Psychotropic Substances Act (For short 'NDPS Act') are seeking the concession of regular bail which relief has been declined to them vide order dated 30.03.2013 of learned Additional Sessions Judge Pulwama (impugned herein), copy whereof annexed with the instant petition. 2. It needs to be mentioned here that Challan has already been filed in this case and Mr. Lone, learned counsel for the petitioners, has annexed the Photostat copy of the same with the istant petition for perusal of the Court. 3. Although the entire prosecution case is depicted in the impugned order itself, yet, in brief, the prosecution case against the petitioners is that they are shown to be jointly involved in the illegal trade of narcotic drugs and when on 14.01.2013, Police Station Awantipora received an information that one Farooq Ahmad Wani, one of the petitioners herein, a driver by profession who piles Truct No. HR55K/6056 (registered number alloted by Registration Authority, Haryana) along with other three petitioners namely, Zahid Hussain Shah, Sajad Ahmad Singh and Bilal Ahmad Darzi, had received contraband from illegal sources which they had loaded in the aforesaid Truch and were unleading the same near the residential house of aforesaid Farooq Ahmad, the concerned Police went on spot and recovered 480 bottles of Rexcof and Recedes drugs from the said Truck. Subsequently, another 2023 bottles of such drugs were also recovered from the house of aforesaid Farooq Ahmad. The contraband was taken into possesion by the police who completed required formalities. On receipt of FSL report, wherein it was reported that the aforesaid bottles contained Codeine Phosphate, (narcotic item), charge sheet was filed against all the four petitioners and they have now been charged for the offences punishable under sections 21/22 of NDPS Act. 4. Heard learned counsel for both the sides and gone through the impugned order and the challan annexed with the instant petition. 5. Mr. lone submits that if one goes by the quantity of Codeine Phosphate contained in the seized bottles collectively as indicated in the FSL report available along with the challan, it is 460.60 gms, inasmuch as 100 ml contains 200 mg of Codeine only.
5. Mr. lone submits that if one goes by the quantity of Codeine Phosphate contained in the seized bottles collectively as indicated in the FSL report available along with the challan, it is 460.60 gms, inasmuch as 100 ml contains 200 mg of Codeine only. According to him, may be there appears to be some mistake with regard to the total number of bottles as the FSL report talks of 2023 bottles, whereas the totoal bottles allegedly seized are 2503, still the total quantity of Codeine Phosphate would be less than 1000 gms when taken collectively, therefore, implication of section 37 of NDPS Act would not stand as a hurdle for the petitioner while granting bail to them. 6. Mr. Lone further submits that even otherwise there is no evidence worth the name with the prosecution agency to connect at least the three petitioners namely, Zahid Hussain Shah, Sajad Ahmad Singh and Bilal Ahmad Darzi qua the conscious possession of the contraband as it is the case of the prosecution itself that the Truck, from where 480 bottles were recovered, was being driven by petitioner Farooq Ahmad and the remaining 2023 bottles were also recovered from his house. Therefore, according to Mr. Lone, the aforesaid three petitioners cannot be even remotely connected with the commission of alleged offence, whereas the prosecution has not been able to connect even Farooq Ahmad with the conscious possession of contraband as the Truck, from where some recovey of contraband is allegedly recovered, does not belong to him, he being not the owner of the said Truck, and the recovery of contraband shown from him house is also not enough to connect him with the conscious possession of contraband, he being not the exclusive owner of the said house. 7. Mr. Lone lastly submits that the petitioners are languishing in the jail; challan has already been filed against them; they are not required for further investigation, as such, deserve the concession of regular bail. 8. Bail application is vehemently opposed by Mr. Amir, learned Government Advocate, submitting that no-doubt the quantity of Codeine Phosphate contained in the seized bottles of drugs is below 1000 gms, but the huge recovery of 2503 bottles from the present four petitioners is an indicative of the fact that they are indulging into illegal trade of narcotic drugs.
8. Bail application is vehemently opposed by Mr. Amir, learned Government Advocate, submitting that no-doubt the quantity of Codeine Phosphate contained in the seized bottles of drugs is below 1000 gms, but the huge recovery of 2503 bottles from the present four petitioners is an indicative of the fact that they are indulging into illegal trade of narcotic drugs. Otherwise there appears to be no justification for keeping such a huge quantity of drugs, when none of the petitioners is having any licence issued under Drugs Act or they being into the trade of licensed whole sale business for which this consignment was required. He the submits that the learned Sessions Judge Pulwama has rather taken a serious view of the matter, observing that the Investigating Agency must invoke the provisions of Section 173 (8) of Cr. P.C and conduct further investigation in the matter so as to unearth the source from where such a huge quantity of drugs was obtained. He, thus, prays for dismissal of the instant petition. 9. At the very outset, it needs to be mentioned here that the Photostat copy of the challan annexed with the instant petition is not complete, inasmuch the arrest memos of all the four petitioners are not available whereas in the challan which is in the possession of learned State counsel, four separate arrest memos of all the four petitioners dated 14.01.2013 are available and these arrest memos indicate that they were arrest on the day of alleged recovery itself i.e. 14.01.2013. The statement of prosecution witnesses recorded under section 161 Cr. P.C is also to that effect. 10. At this stage, Mr. Lone submits that whatever was supplied to the accused by the prosecution agency has been attached by him with the instant petition. He may be right in saying so, but the fact of the matter is that all the four petitioners are arrested whey they were found unloading the aforesaid Truck as is the case of the petitioners. 11. Assuming for the sake of argument, even if the total quantity of Codeine Phosphate contained in the seized bottles does not fall under the 'commercial Quantity', still keeping in view the huge quantity of drugs, allegedly recovered from the petitioners, does not make it a case for releasing them on bail.
11. Assuming for the sake of argument, even if the total quantity of Codeine Phosphate contained in the seized bottles does not fall under the 'commercial Quantity', still keeping in view the huge quantity of drugs, allegedly recovered from the petitioners, does not make it a case for releasing them on bail. I, however, refrain from commenting upon the merits of the prosecution case at this stage, lest it may prejudice the case of either side at the relevant stage of trial. 12. Viewing the above matter in its entirety, the instant petition deserves to be dismissed having no merit in it. Ordered accordingly. 13. Record is returned to learned State counsel in the open Court. 14. Incidentally, today 'The 26th June' is the International Day against Drug Abuse and Illicit Trafficking. Established in 1987, the day is now in its 26th year. The stated aim of observing the day against drug abuse is to protect the health of individuals and society from the dangerous effects of drug use. There are millions of people who have drug related problems and are also suffering from drug related physical diseases. On this day, let us take a pledge not to fall prey to the menance of drug abuse.