DRI Vs. RAJ KUMAR MEHTA

JUDGEMENT

(1.) These appeals arise out of a common impugned judgment dated 12 th March, 1998 acquitting the Respondents for offence punishable under Sections 21, 23 and 29 of the Narcotics Drugs and Substance Act, 1985 (in short the Act').

(2.) Briefly the prosecution case is that on the basis of an intelligence that a large quantity of heroin was likely to be brought in a truck bearing Gujarat registration number at G.T. Karnal Road near Sanjay Gandhi Transport Nagar to be delivered to occupiers of the Neptune Blue Maruti Car, the officers of the Appellant constituted a raiding team and intercepted a truck bearing No. GJ-9T-5419 and one Maruti car bearing No. DL-3CD-5358 on the intervening night of 5 th and 6 th October, 1993. The Respondents in Criminal Appeal No. 275/1998 i.e. the Respondent No. 2, Sumer Khan was driving the truck, the Respondent No. 1 Raj Kumar Mehta was sitting beside him whereas Respondent No. 3 Kavinder Mehta was sitting in the Maruti Car. On the preliminary checking it was discovered that three polythene bags lying above the driver's cabin of the truck were giving pungent smell similar to that of heroin. However, due to darkness at the spot and on account of security reasons, as it was not possible to conduct a detailed examination of the goods, the truck and the car along with the occupants were escorted to DRI office at I.P. Estate, New Delhi. At the office of the Appellant, the vehicles were thoroughly searched in the presence of two independent witnesses PW2 Bedi Ram and PW6 Gopiya.

(3.) The three polythene bags were opened and each bag contained 20 small packets containing a powered substance. The contents of each gave positive result of heroin by the Drug Detection Test Kit. The total weight of the packets was found to be 62.37 Kgs. Out of the packets two representative samples weighing approximately 5 grams each were drawn from each of the 60 packets for chemical analysis which were given identification marks A' and B' in addition to the number of corresponding packets. The samples and the remaining substance were sealed with the paper slips signed by the accused, witnesses and the Seizing Officer PW1 Shri R.K. Kanwar. From the truck some documents and from the Maruti Car Indian currency worth 19,900/- were also recovered. The currency, documents along with the truck and car were seized. The three Respondents in Criminal Appeal No. 275/1998 in their statements under Section 67 of the Act admitted the recovery of heroin from the truck and the Indian currency from the Maruti Car. The samples were sent for analysis to Central Revenue Control Laboratory (CRCL) by Shri V.K. Goel, PW17, the then Assistant Director through the complainant PW1 R.K. Kanwar and vide report dated 29 th October, 1993 Ex.PW15/C it was opined that each of the samples gave positive test for the presence of "Diacetylmorphine". During the investigation a search was conducted at the godown of Respondent No. 1 on 8 th October, 1993 duly witnessed by two public witnesses and 108 jerricans containing Acetic Anhydride and other liquid chemicals were recovered. Representative samples were drawn from these jarricans and sent for chemical analysis. The statements of the Respondents showed that Respondent No. 2 Sumer Khan received the consignment from one Sheru Khan @ Sheru who was at that time lodged in Central Jail, Jodhpur. The statement of Sheru Khan, the Respondent in Criminal Appeal No. 276/1998 was recorded under Section 67 of the Act on 19 th October, 1994 in the Central Jail, Jodhpur. The complaints filed against the Respondents Raj Kumar Mehta, Sumer Khan and Kavinder Mehta for offences punishable under Sections 21, 23, 29 and 25A of the Act and under Section 29 against Sheru Khan were tried together. After recording the statements of complainant's witnesses and the Respondents under Section 313 Cr.P.C. the learned Special Court acquitted the Respondents vide the impugned judgment dated 12 th March, 1998.