Cr.Misc. M17651 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M17651 of 2011 Date of decision: 21.11.2011 Naseeb Chand petitioner vs Narcotic Control Bureau, Zonal Unit, Chandigarh. respondent Present:- Mr. K.S. Chaudhary, Advocate. Mr. Rajiv Sharma, Advocate for NCB M.M.S.BEDI, J. This order will dispose of two connected petitions for regular bail filed by Naseeb Chand (Cr.Misc. M 17651 of 2011) and Balwinder Kumar (Cr.Misc. M 22695 of 2011), pending trial in a complaint filed by Narcotic Control Bureau, Chandigarh ( for short 'the Bureau') against Dr.Saji Mohan non-petitioners and others. As per the allegations in the complaint filed by the Bureau through Superintendent Harcharan Singh, Dr.Saji Mohan, Ex- Zonal Director of of the Bureau, Chandigarh was arrested along with a huge quantity of heroine from his conscious possession on 24.1.2009, as a result of which a criminal case was registered against him under Section 8 (c ), 21 and 29 of the NDPS Act. During the course of interrogation carried out by ATS, Mumbai, it transpired that Dr. Saji Mohan had pilfered and manipulated the contraband seized from various places for his personal gains. Dr. Saji Mohan joined petitioner Balwinder Kumar, who was Superintendent, PSOs Naveen Kumar and Devinder Pal Singh non-petitioners to commit the offence of Cr.Misc. M17651 of 2011 2 pilferage and mixing of seized contraband. In some cases he used to distribute the contraband seized among the raiding staff, including petitioner Balwinder Kumar and other P.S.Os. So far as petitioner Naseeb Chand is concerned, he is allegedly a drug smuggler of Jammu to whom the pilfered heroine weighing 10 kgs was handed over . During the course of investigation one Devinder Pal Singh Constable of J & K Police u/s 67 of the NDPS Act had made a disclosure statement voluntarily to the effect that the heroine weighing 30 kgs was siphoned off in presence of Superintendent Balwinder Kumar and he was given an Award of Rs.5,000/-. Similar statement of Naveen Kumar Constable with J&K Police u/s 67 of the NDPS Act reflects that Balwinder Kumar mixed lime in the heroine lots and handed over the siphoned heroine to Dr. Saji Mohan. Even the statement of petitioner Balwinder Kumar has been recorded to the effect that he was designated as incharge of Malkhana of NCB, Chandigarh and that he did not disclose of any kind of pilferage from the seized contraband of NCB from Chandigarh and Jammu, during his tenure. Petitioner Naseeb chand had been given heroine @ Rs. 5000/- for sale in open market. A sum of Rs.1000/- per day was given to him. A confessional statement u/s 67 of the NDPS Act of Naseeb Chand has been recorded. He has been in custody since 27.3.2009. Though the allegations against both the petitiones are very serious but taking into consideration the fact that co-accused of the petitioners PSOs Naveen Kumar and Devinder Pal Singh, who used to facilitate the commission of the crime along with the main accused Dr. Saji Mohan, have already been granted the concession of regular bail by a Co- ordinate Bench of this court vide orders passed in Cr.Misc. M 24384 of 2011 and Cr.Misc. M 24357 of 2011, respectively; the petitioners being in custody since March 2009, they can be granted the concession of bail as Cr.Misc. M17651 of 2011 3 the progress of trial is at snail's pace. Both the petitions are allowed and the petitioners are ordered to be released on bail on furnishing bail bonds to the satisfaction of the trial court. November 23 , 2011 (M.M.S.BEDI ) TSM JUDGE