JUDE CHIDIBERE Vs. N C B

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure seeking independent investigation into the allegations made against the petitioners.

(2.) A complaint dated 21.8.2009 for the offences punishable under Section 21 of NDPS Act read with Section 29 thereof was filed against the petitioners by Narcotics Control Bureau. It was alleged in the complaint that on receipt of information that some foreign nationals, residing in WZ-40/2, 2nd Floor, Sant Garh, Delhi, were indulging in supply of narcotic drugs, a team of NCB Officers reached that house at about 11.00 p.m. on that day. Two independent persons, namely, Raman Singh and Paramjit Singh, were joined in the raiding party. The door of the house was opened by a Thai national Supattra. On entering the room, the raiding party found seven foreign nationals, including the petitioners who were carrying out some packing in suitcases and shoes, etc. On seeing the raiding party, they started running inside the house, but, were surrounded by the team. Two suitcases were seized, one from the possession of Ms.Maria Lucia and the other from the possession of Ms.Isabel Bonificio, co-accused of the petitioners. Off-white colour substance was found concealed in both the cases and also in a polythene kept in one corner of the room. Some shoes were also found kept in cardboard. When those shoes were checked after cutting them open, similar off-white colour powder substance was found concealed in their heels. On checking, the off-white colour substance tested positive for Heroin. The total weight of Heroin was found to be 7 kg. The petitioners Jude Chidiebere and Godson Augustine were served with summons under Section 67 of NDPS Act requiring them to appear before Shri Vikas Kumar, Intelligence Officer, NCB, whereas the other petitioners were required to appear before Shri Jai Bhagwant, Intelligence Officer, NCB. Similar notices were served upon other accused. In his statement under Section 67 of NDPS Act, the petitioner Jude Chidiebere admitted his presence in house No.WZ-40/2, 2nd Floor, Sant Garh on the night intervening 13/14th April, 2009. He also admitted the search carried out by NCB officials and recovery of heroin in his presence. In reply to a specific question as to why he was packing heroin, he stated that his job was to pack heroin and he stated that the ladies present in the house were to go to South Africa with heroin seal in suitcases/shoes. He also admitted having received Rs.10,000/- for packing the material. The petitioner Solomon Ireme stated that he was staying in Sant Garh along with his friend. The petitioner Godson Augustine admitted the search by NCB officials and recovery of heroin. He also stated that the ladies present in the house had to leave for South Africa, with heroin in the suitcase and shoes. The petitioner Ebie Godfrey stated that he had come to the house of his friend on the second floor in property No.WZ- 40/2, Sant Garh, Delhi and they eight foreigners were concealing Heroin in suitcase and chappals. He also admitted the search carried out by NCB officials and recovery of heroin by them. The petitioner Vincent had stated that his friends staying in house No.WZ-40/2 paid him for stuffing white powder in the suitcases. He also admitted search and seizure by NCB officials. Maria Lucia, co-accused of the petitioners stated that one person Ekenna had promised to help her with money if she took a bag containing Heroin to South Africa. She further stated that Ekenna called some of his friends at his house at WZ-40/2, Sant Garh, Delhi for filling up the bags for concealing drug. She admitted that she and other persons were present in the house and were packing the bags with Heroin, when NCB officials came there and carried out the search. She also admitted the recovery of heroin by NCB officials. Supattra, co-accused of the petitioner who had opened the door at the time of raid by NCB officials stated that she was staying in house No.WZ-40/2, IInd Floor, Sant Garh, Delhi, with her friend Maria Lucia. She also admitted the search and seizure carried out by NCB officials. The petitioners were thereafter arrested. It has been further alleged in the complaint that Sunita, owner of House No.WZ-40/2 also appeared before the Intelligence Officer pursuant to the summons served upon her and she stated that she had let out the IInd Floor of the house to Ms.Lovunge Ngullie and she also identified the accused persons as those who were residing in or frequenting the second floor o her house. The samples of Heroin when examined by CRCL were found to contain 40% Diacetylmorphine.

(3.) The case of the petitioners, as stated in the petition, is that NCB officials carried out search of some other premises and the persons of black origin who were present in that house managed to escape. While searching them in neighbouring houses NCB officials found the petitioners and forming a bona fide opinion that they must have been those boys who had run away of seeing them, NCB officials framed the petitioners in this case.