NARCOTIC CONTROL BUREAU Vs. NARESH KUMAR JAIN

JUDGEMENT

(1.) By this petition, the petitioner has assailed order dated 4th June, 2010 passed by the learned Special Judge NDPS whereby an application of the petitioner under Section 36-A(4) NDPS Act seeking extension of time beyond the period of 180 days to investigate the case was dismissed. The learned Special Judge observed that in terms of provisions of NDPS Act, investigation should have been completed within 180 days. If the investigation was not completed within the stipulated period as provided under Section 167, an indefeasible right was created in favour of the accused seeking bail. The prosecution failed to indicate if any progress in the investigation had been made after 18th January, 2010 except that a request for issuance of Letter Rogatory was made. There was no ground for extension of time. The report of Public Prosecutor was merely a reiteration of facts narrated by the investigating agency in remand application. The report did not specify as to what progress in the investigation had been done. The Special Court relied on Hitendra Vishnu Thakur & Ors. v. State of Maharashtra & Ors., 1994 SCC(Cri) 1087. The Special Court observed that in the light of judgment of Supreme Court in Hitendra Vishnu Thakur 's case (supra) there was no cogent reason to extend the period of investigation.

(2.) A perusal of the case set up by the petitioner against the accused before the Special Court under NDPS Act would show that the accused was a resident of Dubai for the last 14 years, he being an Indian enjoying the status of NRI. He connived with several criminals and indulged into money-laundering in Delhi and became a route for hawala money to facilitate illegal trafficking. Criminal proceedings were launched against the accused in Italy being proceedings No. 4884/04R.G.N.R. mode 21 opened in operations Khyber Pass. The accused also faced criminal proceedings in UAE along with other accused persons for transfers of money gains worth 2,022,459,1777,00 UAE Dirham. It was suspected that this transaction of enormous amount was because of dealing in drugs and bribery and the accused was liable for offences under Uniform Penal Code of UAE and under other penal codes. Accused absconded from Dubai and entered into India illegally through Nepal. During investigation Dubai identified various banking and wire transfers made by accused to bank accounts in USA. Information was sought by Dubai Government from US Government in respect of these transactions and US Government forfeited an amount of 4.3 million US$ on the ground of it being the narcotic laundered money. Serious Organized Crime Agency of UK also probed the activities of accused and found that the accused was having links with Albanian Drug Traffickers, who were transferring and organizing the narcotic money and laundering of this money was being done through routes of Italy, Dubai and other countries of Europe.

(3.) After the accused was arrested in Delhi, the accused during investigation disclosed his complicity with one Parvez Ahmed arrested in Italy and statement of accused was recorded under Section 67 of NDPS Act indicating that the accused was involved in offences under NDPS Act thus a case was registered against the accused.