NCB Vs. MAHESH KUMAR

JUDGEMENT

(1.) Respondent has been acquitted by the Trial Court of the charges under Section 25A read with Section 28 and 29 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (NDPS Act), by extending benefit of doubt. By this petition under Section 378(IV) of the Code of Criminal Code, 1973 (for short "Cr.P.C."), petitioner seeks leave to appeal against the judgment dated 31 st May, 2010 passed by the Trial Court thereby acquitting the respondent.

(2.) In brief, case of petitioner before the Trial Court, was that one Karan Singh, Officer of Narcotics Control Bureau (NCB), received a secret information that on 14 th March, 2000 one Pawan along with another person would bring few bottles of Acetic Anhydride from Ghaziabad in a blue colour Ceilo car bearing registration no. DL-1CE-4960 for manufacturing of heroin and they might pass through Wazirabad bridge between 11:30 hours to 14:00 hrs. This information was placed before the Superintendent, NCB who authorized Sh. Jyotimon for conducting the search by forming a team. The team so formed took position near Wazirabad bridge when they spotted the car at about 12:15 pm; upon signal given to stop the car it sped away. Subsequently car was found lying abandoned near Wazirabad bridge at about 12.30 pm. Two persons, namely, Satish and Mam Raj were joined as punch witnesses. Local people informed that the two occupants had fled away after leaving the car. The door of the said car was lying open. Some loose papers/documents were found in the dash board of the car; whereas four plastic bottles of 2.5 liters capacity each and filled with transparent liquid with pungent smell were found in a polythene cloth bag from the dickey of the car. On testing, the liquid gave positive result for Acetic Anhydride, a controlled substance. Loose papers/documents comprised of photocopy of invoice cum delivery challan in the name of M/s Evergreen Exports, insurance cover in respect of the car was in the name of Mahesh Kumar, cash receipt of Rs. 1,40,000/- issued by Rakesh Kumar in favour of Mahesh Kumar, form of certificate of registration of the car in the name of M/s Evergreen Exports.

(3.) Address of the respondent, that is, E-6/141. Sultan Puri as appearing on the insurance papers, was raided but nothing incriminating was found there. Manjit Singh partner of M/s Evergreen Exports informed that the car was sold on 2 nd March, 2000 to Rakesh Kumar, partner of M/s Fair-Deal Motors, for Rs. 1,70,000/-. On enquiry from Rakesh Kumar, it was revealed that he had sold the car to respondent on 7 th March, 2000 for Rs. 1,94,000/- through one Praveen of M/s Sagar Motors. Statement of Praveen was also recorded who stated that two persons had come to his office out of which one person disclosed his name as Ravi Kumar Gupta and the other as Mahesh Kumar (Respondent). He further stated that initially Ravi Kumar Gupta had come alone and finalized the deal but later on Mahesh Kumar also came there and Ravi Kumar Gupta asked him to get the vehicle registered in the name of Mahesh Kumar, who had brought a ration card with him. On 8 th March, 2000 he got the vehicle insured in the name of Mahesh Kumar through an agent Raju Sethi.