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TMI Blog2020 (9) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... of 05.11.2017. According to the information, they would be carrying charas in their bag and their search would yield a huge quantity of charas. According to NCB, this information was telephonically communicated to the Superintendent, Delhi Zonal Unit, NCB at about 9:00 AM in the morning. The information was subsequently reduced in writing by Shri Rajeev Shehrawat, IO, NCB. The Superintendent, NCB thereafter directed Shri Anand Kumar, IO to constitute a team and take necessary action in accordance with law. 3. NCB claims that on the basis of the said instructions, a raiding team was constituted and after collecting the field testing kit, electronic kit, electronic weighing machine and other accessories, the raiding team reached Hazrat Nizamuddin Railway Station. According to NCB, raiding team became aware that Rafik and Guljar were proceeding to Mumbai by train no. 12954. The raiding team reached at platform no. 3 at about 15:45 hours and at 16:35 hours noticed three persons including two who conformed to the description of Rafik and Guljar, coming down the stairs to the platform. Another person, who was accompanying them, was carrying a trolley bag in his hand. It is stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at near about 4/5 months ago he met a tourist named Jay Somaiya (petitioner herein). He stated that subsequently on two or three occasions Jay Somaiya had used his taxi. He claimed that the petitioner had taken his telephone number and used to call him whenever he used to visit Bhuntar and he would drive him to his destination. He claimed that the petitioner had asked him to work for him and on one occasion petitioner gave him Rs. 12,000/- and asked him to carry a packet of charas to Delhi. He stated that thereafter on another occasion around Diwali he had carried his luggage to Mumbai and handed over the same to one person named Abdul and he paid him a sum of Rs. 40,000/- in cash. He stated that on 03.11.2017, the petitioner had called him to Kasol Village and handed over a packet for being transported to Mumbai. He was instructed to hand over the same to a person named Raunak and was assured that he would be paid a sum of Rs. 80,000/-. Rafik stated that on this occasion he asked his cousin Guljar to accompany him and promised him to pay Rs. 40,000/-. He stated that both of them reached Delhi in the morning on 05.11.2017 and checked into a hotel near Hazarat Nizamuddin Railway Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at he had been using Rafik to carry the illicit consignment of one kg of charas which he had bought from Neel Chand and Purushottam @ Kalu. He stated that Rafik and Guljar worked as carriers for illicit trafficking of charas and also carry charas from Kullu to Mumbai. He stated that many people from Mumbai send orders for illicit charas from Kullu and Rafik and Guljar carry the same after purchasing it from Neel Chand and Purushottam. 11. He further stated that he used to deposit the money of illicit charas in the bank accounts of Neel Chand and his son Ramesh Kumar. He also disclosed the bank accounts of Neel Chand and his son Ramesh. He also furnished the mobile numbers of Rafik, Neel Chand, Purushottam and Guljar. He also disclosed the full name of Abbass as Abbass Zawwae Hussain Sayyed and also disclosed his full address. Thereafter, NCB also issued notice under Section 67 of the NDPS to Ramesh Kumar (son of Neel Chand) and his statement was also recorded. Both the petitioner and Ramesh Kumar were arrested on 06.11.2017. 12. Another statement of the petitioner was recorded on 08.11.2017. In this statement, the petitioner allegedly disclosed that he had purchased 6.2 kgs of ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its have been made by the petitioner or not, have not been collected. 16. It is also relevant to note that the petitioner, in his disclosure statement, had recorded on 06.01.2017 merely accepted that he had purchased 1 kg of charas. This does not correspond to the recovery made from Rafik. This Court had also noticed that the said statement had also mentioned names of other persons who were involved, namely, Gaurav, Abbass, Vishwendra, Samir and Shaunak. However, apart from Gaurav, none of them have been arrayed as accused. It also does not appear whether any investigation has been done to ascertain whether they had been supplied any charas either by the petitioner or by Rafik. 17. It is material to note that Gaurav has been discharged. Although the petitioner has also allegedly disclosed that he had purchased half a kg of charas from Purushottam @ Kalu, he has not been arrayed as an accused in the complaint. It is contended that he could not be traced. Thus his involvement in this case also cannot be established. Although Neel Chand has been arrayed as an accused no. 7, he has not been arrested and he has been absconding. 18. It is, thus, seen that the sources for purchasing of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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