DIRECTORATE OF REVENUE INTELLIGENCE Vs. MANJINDER SINGH

JUDGEMENT

(1.) THIS is a petition seeking leave to appeal against the impugned judgment dated 14th February 2013 passed by Special Judge, NDPS in Sessions Case No. 18A/08 acquitting the Respondent of the offences under Sections 21 and 27A of Narcotic Drugs and Psychotropic Substances Act, 1985 ( 'NDPS Act ').

(2.) THE case of the prosecution is that on 6th October 2007 an intelligence was gathered by Shri Diwakar Joshi, (PW1), an Intelligence Officer of Directorate of Revenue (DRI), through a reliable source that the Respondent, carrying narcotic drugs, would be coming in a Bolero Jeep at HP Petrol Pump, Mahipal Pur, near Radisson Hotel, New Delhi, at around 10.00 p.m. The intelligence was reduced to writing, placed before the senior officer Shri Sanjay Bansal (PW2), who directed Shri N.D. Azad (PW9) to immediately organise a team for surveillance and interception of the person along with the contraband substance.

(3.) THE case of the prosecution is that although the Respondent initially denied carrying any narcotic substance, on persistent questioning by the team, he admitted that he was carrying approximately 5 kgs of Heroin concealed in a greenish colour VIP suitcase lying in the boot of the jeep. Notice under Section 50 of the NDPS Act (Ex. PW11/B) was given to the Respondent at the spot and he gave a reply in writing on the said notice in his handwriting that he did not require any Magistrate or Gazetted Officer for the search proceedings and that it could be undertaken by any officer of the DRI. It is also stated that at the request of the accused, a search was effected at a secure place away from the place of interception. From the suitcase, two packets weighing 2.438 kgs and 2.346 kgs were recovered. A personal search of the accused was also conducted and recovery of cash of Rs. 1.98 lakhs and one mobile phone with one sim card was made. Three representative samples were taken from the packets. On testing, the sample showed the presence of diacetylmorphine of 60.4% and 57.7% purity respectively.