UNION OF INDIA Vs. TARIQ MOHD

JUDGEMENT

(1.) This application for leave to appeal was filed in the year 2003 against the judgment of acquittal dated 4th January, 2003. The respondent, Tariq Mohd @ Liyakat Ali, is a resident of Pakistan. After the order of acquittal, he has left India and has gone to Pakistan. He could not be served and accordingly on an application filed by the applicant, he was served by publication in the newspaper Dawn, Lahore Edition dated 31st August, 2009.

(2.) Learned Counsel for the applicant states that the respondent had made a statement under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act, for short) admitting his involvement and the fact that his name was Tariq Mohd. and, therefore, the impugned judgment dated 4th January, 2003 should be set aside and the application for leave to appeal should be granted.

(3.) Officers of the Department of Revenue Intelligence (DRI, for short) had recovered 4.9 Kg of heroin in a search of vehicle bearing No. DL 6C 3151 in which Kartar Singh, Gurbax Singh and Rajinder Singh were found to be travelling on 26th April, 1998. The said vehicle was intercepted on specific intelligence REPORT at the intersection of Bawana Road and G.T. Karnal Road on the side of Sanjay Gandhi Transport Nagar. Accused Rajinder Singh in the said case had stated that he had met one Tariq alias T.R. in Pakistan, who had offered him Rs. 40,000/- per Kg of heroin if he was willing to carry the said heroin from Pakistan to Delhi. He had further stated that five packets of heroin were given by the said Tariq in Jammu on 24th/25th April, 1998 to be carried to Delhi. He had stated that he had met Tariq in Pakistan and accused Kartar Singh had also gone with him to Pakistan but did not met Tariq. Kartar Singh in his statement had stated that he had written down telephone number of Tariq as informed by Rajinder Singh.