ATUL B KOHLY Vs. NARCOTICS COUNCIL BUREAU NCB

JUDGEMENT

(1.) By this petition under Section 439 read with Section 482 Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), petitioner is seeking ball in the case under Sections 21/29/30 of The Narcotic Drugs and Psyohotrophic Subsidences Act, 1985 (for short, "NDPS Act") (Kamal Kant Vs. Vasantan @ Raja & Ors.), pending trial in the court of Special Judge, Delhi.

(2.) Prosecution allegations in brief are: that they had received information that petitioner was indulging in illegal trade of heroin; the information was also received from the Central and Excise (National Investigation Service) through British High Commission, Chanakyapuri, New Delhi, showing that he was convicted in Italy for sending heroin to England and Holland. Consequently a close surveillance was kept on the activities of the petitioner and his associates. On 13.8.88, at about 5:30 p.m. in pursuance of a specific information from the search of the House No.A-6/308C, Paschim Vihar, New Delhi, the residence of co-accused Vasantan @ Raja, brown powder weighing 1.810 k.g. was recovered, in the presence of the panch witnesses. On testing it gave positive indication/result of heroin. After taking out samples, the powder was sealed and seized, as per rules. Statement of Vasantan @ Raja under Section 67 of the NDPS Act was recorded, which revealed the active involvement of the petitioner and also one K.Balachandran, co-accused, in procuring Heroin from India and transporting it to Italy. Petitioner was summoned. He also confessed his involvement in the said conspiracy. On the above allegations, petitioner was arrested. After completion of investigation complaint against the co-accused and petitioner was filed and the case is pending trial.

(3.) I have heard learned counsel for petitioner and have been taken through the record.