NARESH KAKKAR Vs. STATE

JUDGEMENT

(1.) This petition under 'lection 482 of the Cr.P.C.hasbeen filed for cluting me charges framed in the cases F.I.R. 35/88 and 37/88pending in the Court of Mr. V.S. Aggarwal, A.S.J., Delhi. Brief facts necessary todispose of thisi application are recaptulated as under:

(2.) Sub Inspector Prithvipal Singh of Police Station, Chandni Mahal receiveda secret information that a person narned Bhajan Singh was distributing Herointhrough his agents. The information was passed on to the concerned S.H.O. byPrithvipal Singh, Sub Inspesctor. A raiding party was formed joining policeofficials and two persons from the public. The police vehicles were left at policepost Turkman Gate and the raiding party was Left to Chowk Ghaday Wailan nearDDA Park. At about 1:15 p.m. the said Sub Jn.-.pectorand Head Constable RamDiya apprehended the petitioner who was allegedly carrying a green colouredattachi case was going on foot towards bazar Chitli Kabar. From that attachi case10 packets of polythene bags wrapped in a white towel containing Heroin wererecovered.

(3.) The police arrested the petitioner and thereafter the petitioner made adisclosure statement to the effect that he had kept 2 Kgs. of Heroin out of totalquantity of 12 Kgs. in his house, which was given to him by co-accused PinkiGuizar at 9:30a.m.on 15.3.1988 and he further mentioned in his statement thathe could get that packet recovered from his house. The petitioner opened the lockof his house with the keys which he allegedly took from underneath a flower-potin front of his house and then from a store inside the bed-room of the house heallegedly produced a packet of polythene paper which contained the 2 Kgs. ofHeroin. S.H.O. S.K. Ahuja of Police Station Rajinder Nagar also reached therealongwith his police staff. A separate case was registered against the petitioner forthis alleged recovery at Police Station Rajinder Nagar vide F.I.R. 37/88 and-separate challan was filed at Police Station, Rajinder Nagar, Delhi.