GURBAX BHIRYANI Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) Narcotic Control Bureau (hereinafter called as 'NCB') received a report from US DEA officials pursuance to which investigation of the case was started by the NCB on 21st November, 1987. During investigation the complicity of the petitioner and his co- accused Rajnikant Jeevan Lal Patel, Yogesh Natwarlal Pandey,Vijay Kumar Ganju, Jashir Singh @ Juggi and Vipin Jaggi came to light. Jeevan Lal Patel and Yogesh Natwar Lal Pandey were apprehended by the investigating official of the N.C.B. They made confes- sional statements implicating the petitioner that the alleged two seized consignments of heroin were actually exported by the petitioner with their help to New york, through Mr. H.S. Gala and Mrs. Manjula Ben. On the basis of this confessional statement made by Mr. Patel and Mr. Pandey, the petitioner was arrested at Bombay under the COFEPOSA Act on 26th May, 1988. He was brought to Delhi in the intervening night of 26th May and 27th May, 1988 and at Delhi he was kept in 'Ranjit' Hotel in the office of N.C.B. till 28th May, 1988. During this period, the petitioner made a confessional statement. On the basis of this confessional statement as well as of the co-acsod Petal and Pandey, read with the report received from New York, the petitioner has been charged under Sections 23/29 of The Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter called as 'N.D.P.S.' Act).

(2.) So far as Yogesh Nalwar Lal pandey is concerned, he has since expired. So far as Vijay Kumar Ganju and Jasbir Singh @ Jassi and Vipin Jaggi are concerned, they have already been granted bail.

(3.) The charge against the petitioner primarily is that he conspired and abetted in the export of the herion from India to New York which was carried by Mr. H.S. Gala. The two consignments weighed 2.75 Kg. and 1.05 Kg. respectively.