AZIZ AHMED Vs. SURINDER GUPTA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing proceedings against him In a complaint filed by the respondent Sh. Surinder Gupta. Intelligence Officer, Narcotics Control Bureau (NCB fot short). The allegations are that in the evening of 21-11-87 some officers of NCB lifted him from his house and took him first to Ashoka Hotel and then Ranjit Hotel in Delhi. They detained him for about 3 days. During this period he was threatened and beaten mercilessly and asked to give a statement as desired by them or else all his family members will be involved in some Narcotics case. He, therefore, made statement as per the dictation of the NCB officials. Statements of some other co-accused were also recorded. NCB then filed a complaint against the petitioner and others on 20-2-1988. The petitioner and the remaining co-accused were committed to the Sessions Court. During his confinement in Jail, he was also served with a detention order dated 12-1-88 under COFEPOSA. In the complaint filed against him the petitioner was allowed bail on 1-7-1988. His detention was also quashed by the High Court vide order dated 3-10-88. But on the same date the NCB filed another complaint against the petitioner and one Surinder Mehta for offences under Sections 29.21 and 23 NDPS Act. It is alleged to have been done in a mala fide manner and to frustrate the orders of the High Court.

(2.) Further case of the petitioner is that nothing new has been brought in the second complaint and the allegations in this complaint were the same as were levelled against him in the earlier complaint. Therefore, the petitioner seeks quashment of the second complaint.

(3.) Respondent filed counter affidavit. The main defence is that the first complaint dated 20-2-1988 is with respect to export of 4.5 Kgs. of heroin to USA. 2 Kg 750 grams of heroin was recovered at New York from the possession of ene H. S. Gala, Petitioner in that case had acquired possession of 4 Kgs. of heroin at Janpath in March, 1987 and delivered the same to one Sukhdev Singh. He again acquired possession of 7 or 8 Kgs. of heroin from one Kuldeep from Janpath and delivered the same to Sukhdev Sing at Bengali Market in May, 1984. The petitioner is again alleged to have acquired possession of 2 Kgs. of heroin from Surinder Mehta at Mohan Singh Place and delivered the same to Sukhdev Singh near Gurdwara Bangla Sahib in September, 1987. The second complaint is alleged to be with respect to receiving of 2.4 Kgs. of heroin from Surinder Mehta in early 1987 by the petitioner for delivery to one Sardarji. Therefore, the contention is that these two com- plaints are with respect to two different conspiracies having no connection with each other. So the second complaint is comprtent.