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List of Dates

12.08.2019 That on 12.08.2019 Shri Vikas Yadav,


Intelligence Officer, Narcotics Control
Bureau, Jodhpur Regional Unit, Jodhpur,
Rajasthan, received a tip-off on the date of
receipt of a tip-off: Two persons between
00:15 AM to 04:00 AM on 13.08.2019 Name
Surjaram Age Around 25 Years, Resident 3,
Pipad City, Jodhpur and Babu Lal, aged
around 60 years, resident of Lamba;
Bhilwara is Jodhpur, a white colored mini
truck About 8 to 10 quintals of illegal poppy
straw smuggling from Isuzu mini truck
vehicle without number plate From Begu
side. Arniya Rasa village via Shapura,
Bhilwara will turn on the side. This secret
information was given by Shri Vikas Yadav,
Intelligence Officer. Form in Office
Narcotics Control Bureau, Jodhpur Regional
Unit, Jodhpur on 12.08.2019 NCB-1
REPORT (REPORT FILED BY NCB-1)
AND HIGHER OFFICIALS ON THE same
day. Shri Ranjit Kumar Barnwal,
Superintendent, Narcotics Control Bureau,
Jodhpur Regional Unit Presented before.
Shri Ranjit Kumar Barnwal has written this
form NCB-1 (INFORMATION REPORT)
‘’Seen at 1330 hrs. take necessary action as
per law, returned in original’’ wrote and
signed.
Shri Ranjit Kumar Barnwal Yadav has been
appointed by the NDPS for searching the
vehicle Isuzu (without a number). Act of the
legislature Authorization letter of section
41(2) of 1985 was given. This Office Order
and Section 41(2) The authorization letter is
an attached complaint.

13.08.2019 After this, the work of monitoring the


vehicles coming from the Begun side started.
During monitoring work on 13.08.2019 time
@ 01:30 AM a white Isuzu mini truck
without a number plate "I saw it coming from
the side of the road. Vikas Yadav hinted at
stopping. In addition to the driver in the said
Isuzu car, one Another person was sitting and
the car was loaded with luggage at the back.
It was covered with tarpaulin. Officers asked
them to get out of the Isuzu mini truck but
the driver tried to run away, putting the back
gear of the mini truck, on which Isuzu Both
the tyers /wheels on the driver's side of the
car fell into the drain, causing the Isuzu mini
truck to stop. After this, Mr. Vikas Yadav
met the two men sitting in the Isuzu mini
truck. Both of them Driver name Surjaram
S/o Pratap Ram and Babu Lal S/o Sh. Jala
Ram arrested.

It's time at around 02:10 AM with a number


plate of white Swift car came from Shapura
and stopped near Sati Mata Chabutra in
Arniya Rasa village. There were 3 people
sitting in the said car. The suspect, Surjaram,
pointed out that the driver in Swift car Sunil
Dudi with Rahul and Shravan on the driver
is the main receiver (recipient) is followed by
Mr. Vikas Yadav, N.C. B. Including the said
team they tried to stop the white Swift car.
Driver Sunil Dudi fired in the air and then
the Car turned back to Shapur. Around 02.20
A.M. Shri Vikas Yadav called the Shapur
police station and then he recorded the
Complaint. After that Vikas Yadav and NCB
with Surjaram and Babulal reached PWD
Reached Dak Bungalow, Shapura Complex
at around 04:00 AM.

Surjaram in his written statement confess


that he has been doing poppy straw
smuggling since 2years. From last 1and half
months he is doing smuggling for Sunil Dudi
and Babu lal help him to show the way.

that after this the statements of Babulal were


taken which were written by Surjaram on his
request and as per his instructions. In his
statement, Babulal told that he has been
consuming opium for the last 25-30 years
and has been going to Madhya Pradesh with
people to show the way to bring 'goods'. He
further told that this is the third time when he
and Surjaram were bringing Poppy straw for
Sunil Dudi. Babulal told that he used to show
the way to Surjaram. Further Babulal told
that Doda Chura Prem Prakash Dhakad son
of Shri Shambhu Lal Dhakad resident of
village Jhantala, Tehsil Singoli, District
Neemuch (MP) and Ramchandra son of Shri
Khemraj resident. Therefore, Babulal
himself admitted to smuggling the poppy
straw seized in the case. On 13.08.2019 at
1740 hrs, Shri Vikas Yadav arrested Babulal
by preparing an arrest memo. After the
arrest, Babulal was searched and full search
of the recovered items was made. Carbon
copy of Section 67 summons given to
Babulal, Babulal's statement, arrest memo
and recorded search complaint are attached.

14.08.2019 That on 14.08.2019 the medical examination of


Surjaram and Babulal was conducted at
Government Hospital, Shapura, Bhilwara (Raj.).
Medical Officer, Government Hospital, Shapura,
Bhilwara (Raj.) conducted medical examination
of Surjaram and Babulal and gave the medical
report. The application (office copy) given to Mr.
Medical Officer regarding getting the medical
examination done and the medical examination
report given by him is the attached complaint.
That after the arrest, within the stipulated period,
Mr. Vikas Yadav, Intelligence Officer, handed
over Surjaram and Babulal to Mr. Special Judge,
Court NDPS. After presenting the matter before
Shahpura, Bhilwara (Raj.), Babulal was sent to
judicial custody and Surjaram was sent to NCB
for one day. Presented an application regarding
taking custody. Mr. Special Judge ordered to send
Babulal to judicial custody and sent Surjaram to
NCB custody for one day. Ordered to be sent to
custody. As per the order dated 14.08.2019, Shri
Vikas Yadav deposited Babulal in Sub-Prison,
Shahpura, Bhilwara (Raj.) and Surjaram was also
given one day NCB, custody in Sub-Prison,
Shahpura, Bhilwara (Raj.). ) In relation to the
deposit of accused Babulal, there is a complaint
attached with the arrest receipt.
That on 14.08.2019 Mr. Vikas Yadav, Intelligence
Officer seized Poppy straw (Total 37 Sealed
Marks P1 to P37), 74 Samples (Sealed Mark P1
S1, P1 S2 to P37 S1, P3752) in this case accused
Surja During the personal search of Ram and
Babulal, the recovered articles (two sealed
envelopes), and the unnumbered vehicle ISUZU
were deposited in the malkhana of Narcotics
Control Bureau, Regional Unit, Jodhpur and
deposit receipt FORM-1 Mr. Ranjit Kumar
Barnwal, Received from the Superintendent /
Malkhana in-charge. These were entered by Mr.
Ranjit Kumar Barnwal in the concerned Malkhana
Register, Sample Register, Personal Goods
Register and Seized Vehicle Register. Attached are
the attested copies of FORM-1 and Malkhana
Register, Sample Register, Personal Goods
Register and the attached Vehicle Register.

15.08.2019 The medical examination of Surjaram was


done on 15.08.2019 by the Medical Officer,
Government Hospital, Shahpura, Bhilwara
(Raj.). medical application (office copy)
given to the officer regarding medical
examination and the medical examination
report given by him is the attached
complaint.
Then Mr. Vikas Yadav, Intelligence Officer,
presented Mr. Surjaram, before Special
Judge, Court N.D.P.S. Presented Shahpura,
Bhilwara (Raj.) and presented an application
regarding sending Surjaram to judicial
custody. Mr. Special Judge ordered to send
Surjaram to judicial custody. As per the
order, on 15.08.2019 Mr. Vikas Yadav
deposited Surjaram in Sub-Jail, Shahpura,
Bhilwara (Raj.). A complaint is attached with
the prisoner receipt regarding the deposit of
accused Surjaram in Sub Jail, Shahpura,
Bhilwara (Rajasthan).

Mr. Vikas Yadav, Intelligence Officer gave


the action taken report to Mr. Ranjit Kumar
Barnwal, Superintendent on the basis of the
authorization letter given by him under
section 41(2) [Section 41(2)] on the back of
the authorization letter]. This report is an
attached complaint and Submitted
compliance report of Section 57 of the Act,
1985. This report is the attached complaint.
Shri Hemraj Goyal, Havildar, Narcotics
Control Bureau, Regional Unit, Jodhpur,
office letter No.
VIII(IO)12/NCB/JZU/2019/2757 dtd. In this
case along with test memo (original and
carbon copy) Taking the samples (sealed) P1
S1 and P37 S1 extracted from Poppy Straw,
left for depositing them for examination at
the Government Opium and Alkaloid
Factory, . Office letter No. VIII (IO)
12/NCB/JZU/2019/2757 dtd. 15.08.2019
Attached complaint.

16.08.2019 Shri Hemraj Goyal, Constable deposited the


said samples in sealed condition at the
Government Opium and Alkaloid Factory,
Neemuch vide acknowledgment letter No.
381 dtd. Received on 16.08.2019 which he
submitted back to NCB. Jodhpur office.
Acknowledgment letter received from
Government Opium and Alkaloid Factory,
Neemuch (No. 381 dtd. 16.08.2019) is
attached complaint. That Office Order No.
II(4)6/NCB/1ZU/ESTT/2015 dtd. On
22.08.2019, I, the complainant Manoj
Sauguna, was appointed as the Investigating
Officer in this case. After this, the
investigation was started by me, the
complainant, after receiving the letter of this
episode from Mr. Vikas Yadav. Office Order
No. 11 (4)6/NCB/12/ESTT/2015 dtd.
22.08.2019 Attached is the complaint.

12.09.2019 A letter was written to Police Station


Bilwara, District Jodhpur on 12.09.2019 to
provide the criminal record of the accused
Babulal son of Shri Jalaram arrested in this
case, the reply of which was received by this
office on 05.11.2019. According to the reply,
the following cases are registered against
accused Babulal

i. Police station under sections 147, 148, 149,


353, 332 of the Indian Penal Code Case No.
197 dtd registered in Bilwara. 21.09.1986

iii. Case number 144 dtd registered in police


station Bilwara under sections 147, 148, 149,
323, 394 of the Indian Penal Code.
26.08.1988

iii. NDPS Case number 106 dtd registered in


Police Station Bijaypur, District Chittorgarh
under Section 08/15 of the Act, 1985.
02.10.2009 Case No. 106 dt.

Dated 02.01.2020 a letter was written to


Police Station Bijaypur, District Chittorgarh
to provide the details of 02.10.2009, the
reply of which was received on 17.01.2020.
As per reply to case no. 106 dtd. On
02.10.2009, Babulal son of Shri Jalaram,
resident of village Lamba, Bilwara, Jodhpur
was arrested after being found involved in
smuggling of 332 kg of Poppy Straw and
currently this case is going on non-trial in the
Honorable Court. Office copy of the letter
written to Police Station Bilara and its reply,
Office copy of the letter written to Police
Station bijaypur and its reply are attached
complaints.
17.09.2019 That the accused Surjaram and Babulal told
in their respective voluntary statements that
the Poppy Straw seized in this case was Prem
Prakash Dhakad son of Shri Shambhu Lal
Dhakad Niwas village Jhantala, Tehsil
Singoli, District Neemuch (M.P.) and
Ramchandra son of Shri Khemraj resident of
village Umar, Singoli, Neemuch (M.P.) had
brought it. Prem Prakash Dhakad was taken
to NDPS for questioning on 17.09.2019. The
summons under Section 67 of the Act, 1985
was sent through post. It was written on this
envelope "Refuse to accept". On 16.10.2019,
a letter (summon under Section 67) was
written to Police Station Singoli.

22.10.2019 Police Station Singoli through official e-mail


received served summon report on
22.10.2019.

19.11.2019 Test report No. 1205/19.09.2019 received


with Positive result of poppy straw sample.

02.01.2020 This was dated 02.01.2020 in the case of


Poppy Straw and Section 52A of the vehicle,
Application for verification proceeding under
NDPS Act, 1985 was presented at
the Chief Judicial 'Magistrate, Jodhpur.
04.01.2020 The verification proceedings under
completed.
13.01.2020 since Prem Prakash was not found, the
summons could not be served. but Prem
Prakash Dhakad is deliberately not serving the
summons.
30.01.2020 the seized ISUZU was inspected by the
Investigating Officer regarding the chassis
number, in which also the chassis number of the
vehicle was not found. Painted numbers were
seen on the left chassis of the vehicle which
were getting erased and which the seizure
officer had considered as the chassis number
during the seizure and had recorded the same as
the chassis number in the first vehicle seizure.
Thus, the vehicle seized in the case was
purchased second hand in Karnataka by its
registered owner Sunil Bishnoi (D) only for
smuggling illegal drug Poppy Straw and the
ownership of the vehicle could not be traced
when caught by the Government Department,
hence the vehicle Its number plates were
removed from it and its chassis number was
erased.
02.09.2020 That the co-accused Sunil Dudi granted bail
by High Court.

02.08.2021 SLP (Crl.) No. 5176/2021 is still pending in


the Supreme court against bail granted to the
Sunil Dudi by High Court of Judicature for
Rajasthan At Jodhpur impugned final
judgement on date 02.09.2020 in
SBCRMBA No. 4565/2020

05.06.2023 That vide order Rajasthan High Court granted

bail to accused Babu Lal who is languishing


in jail since 12.08.2019.

20.04.2023 The Supreme court rejected the bail application


of Co-accused Surjaram order SLP No.
7022/2023.

Hence, the Present Special Leave Petition.

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