NARCOTICS CONTROL BUREAU Vs. ANJU TIWARI

JUDGEMENT

(1.) THE Petitioner, Narcotics Control Bureau ('NCB') , seeks leave to appeal against the impugned judgment dated 13th January 2012 passed by the learned Special Judge " NDPS in Sessions Case No. 156 of 2008 acquitting the Respondents, Anju Tiwari and Rakeshnath Tiwari, for the offences under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act') .

(2.) THE case of the prosecution is that on 28th June 2008 Mr. R. R. Kumar, Superintendent, NCB, DZU (PW -1) received a secret information that Anju Tiwari, Accused No. 2 (A -2) (Respondent No. 1 herein) was indulging in trafficking of heroin and was receiving Afghan origin heroin from a Punjab based supplier and delivering it to Nigerians in Delhi. As per the information, A -2 was likely to supply huge quantity of heroin to one Nigerian lady near D -6, Kiran Garden, Main Matiala Road, Uttam Nagar on 28th June 2008 between 8 to 9 pm and that the contraband would be carried in one colour Indica car belonging to her associate Rakeshnath Tiwari, Accused No. 3 (A -3) [Respondent No. 2 herein].

(3.) IT is stated that at about 8.30 pm one African woman came on foot from the Najafgarh road side and stopped in front of Shop No. D -6, Kiran Garden, Uttam Nagar and that after about ten minutes one white colour Indica car came from the Najafgarh road side and stopped near the African lady and that one Indian lady aged about 30 years alighted from the front seat of the said car and started talking to the said African lady. After a while the Indian woman is asserted to have handed over one white cloth handbag to the Nigerian woman. At that point of time the raiding party apprehended the Nigerian woman, A -2 and A -3.