N THUKHANKHUP Vs. NCB

JUDGEMENT

(1.) The present petition is filed by the Petitioner under Section 397 read with Sections 401 and 482 Code of Criminal Procedure praying inter alia for setting aside the order dated 27.08.2010 passed by the learned ASJ (Special Judge NDPS) framing charges against the Petitioner for the offence punishable under Section 21(c) of the NDPS Act.

(2.) Counsel for the Petitioner has based his submission on two incidents which occurred on the relevant dates, i.e., 21/22.04.2010 to state that the charges against the Petitioner have been wrongly framed and that he has been unnecessarily involved in the offence.

(3.) As per the case set up by the NCB, on 21.04.2010 at 15:30 hours, while in the office of Fedex Express Courier situated at Munirka, the Petitioner was found in possession of a polythene bag, from which 420 grams of heroin with 2.76%purity was recovered. As per the NCB, the said parcels were sealed at the spot and samples were pasted with paper seal having the date and signatures of the IO, two witnesses and the Petitioner. Thereafter, the Petitioner signed each page of the panchnama, and the proceedings of the panchnama concluded at 17:30 hours. During the course of search proceedings, the Petitioner tried to flee and hurt himself in the process by falling on the divider of the road, thus sustaining minor injury on his left eye as a result. After the recovery, the officers of the Respondent duly accompanied by the Petitioner proceeded to his residence also situated at Munirka and conducted a search therein. However, nothing incriminating was found there. The search concluded at 18:30 hours and thereafter, summons Under Section 57 of the NDPS Act were served on the Petitioner. As per the Department, the Petitioner appeared on22.04.2010 in the office of the NCB and during his examination, admitted his guilt by making a voluntary statement that he had received two parcels of heroin from a Nigerian and the same were supposed to be sent on to the Joy Willams, at Amsterdam. On 22.04.2010 itself, the Petitioner was arrested at 1100 hours and he was got medically examined at Safdarjung Hospital thereafter.