PARAMJIT SINGH GULATI Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) The applicant Paramjit Singh Gulati in custody since 20.07.2012 for the alleged commission of the offences punishable under Sections 29, 28 r/w Sections 23 & 29 and Section 22 r/w Section 29 & 25A r/w Section 29 of the NDPS Act, 1985 with which he has been charged on 05.11.2014 seeks the grant of bail in terms of Section 439 of the Cr.P.C., 1973. The applicant is alleged to have been in criminal conspiracy with other persons named Atul Aggarwal, Vicky, Paramjit Singh @ Chotu, Pahalwan, Gaurav Ahlawat @ Rakoo and Gaurav Sharma (who have since not been arrested) to deal and possess and export various narcotics and psychotropic or controlled substances illegally out of India and in furtherance thereof allegedly attempted to export or transship out of India a consignment having concealed therein 151.98 kgs of Ketamine, a psychotropic substance included in the schedule of the NDPS Act, 1985 which consignment was scheduled to be exported on 18.07.2012 to Khairol Nizam Hasim, Penang, Malaysia under AWB No.618-28211901 dated 16.07.2017 and shipping bill No. 9880760 dated 17.07.2012 in the name of M/s Sagar Impex, 2533-18, 2nd Floor, Gali Laltain Wali, Naya Bazar, New Delhi (IEC Code No.0509044794), with allegations also against the petitioner herein of having been found in possession of 200 kgs of Ketamine in different solutions of rose water and liquid glucose etc illegally which was recovered on 19.07.2012 from his godown premises at Khasra No.755/2/1, Mundka Village, Delhi; and of having been found in possession of 25.5 gms of Ephedrine Hydrochloride; and 24.5 gms of Psedoephedrine Hydrochloride; and 215 gms more of Ephedrine Hydrochloride which were recovered on 19.07.2012 from two other premises i.e. the residential premises at G-48, Mansarovar Garden, New Delhi, the office godown premises at G-41 (basement), Bali Nagar, New Delhi both of which substances are declared to be controlled substances under Section 9A of the NDPS Act, 1985 and that the petitioner was in possession of the said controlled substances in violation of the provisions of the NDPS Act, 1985.

(2.) The brief facts set forth through the order dated 27.05.2016 in the bail application of the present applicant as detailed by the then Special Judge, NDPS, South District Saket are to the effect:-

(3.) The complaint filed by the DRI i.e. the respondent under Section 22(c), 23, 27(A) & 29 of the NDPS Act, 1985 dated 17.09.2012 states inter alia to the effect that during the course of the investigation in relation to a case of export of contrabands to various countries by the applicant and his alleged key associate Atul Kumar Aggarwal also charged vide order dated 05.11.2014 during the course of investigation on searches having been conducted at various premises on 18/19.07.2012 which led to the recovery of 151.980 kgs of Ketamine from one export consignment at IGI Airport and 200 kgs of Ketamine dissolved in a consignment of rose water from godown premises in relation to which both the petitioner herein and his associate Atul Aggarwal through their alleged respective statements dated 19/20.07.2012 tendered under Section 67 of the NDPS Act, 1985 allegedly inter alia admitted that they had shipped the consignment of Ketamine from India to Canada in container No.TGHU-2248673 which was covered under Shipping Bill No.9245206 dated 05.06.2012 filed in the name of M/s Shiv Jyoti Sales Corporation. The letter rogatory/ Letter of request to the Competent Authority of Canada as per the provisions of Section 166-A of the Cr.P.C., 1973 for collection of evidence in Canada contained the facts of the case and the investigation required to be conducted in Canada was filed by the DRI i.e. respondent before the Court, which prayer was allowed on 16.01.2014 and the Letters Rogatory/ Letter of Request for legal assistance was issued by the Trial Court on 07.02.2014 for investigation in Canada, whereafter, vide note No.JLA-23327-15 dated 03.02.2015, the authenticated true copies of record held by the Canada Border Services Agency and Health Canada Department as requested by the Indian Authorities were supplied to the DRI.