ATUL AGGARWAL Vs. DRI

JUDGEMENT

(1.) By virtue of this application under Section 439 of Cr.P.C. the petitioner is seeking regular bail in Sessions Case No. 47A/12 DRI vs. Paramjit Singh Gulati & Atul Aggarwal. The case of Directorate of Revenue Intelligence ['DRI'] in brief is that while acting upon a secret intelligence regarding a Delhi based drug syndicate engaged in export of narcotic drugs by way of concealment thereof, the DRI officers seized a consignment of about 151.980 kg. of white colour crystal powder from the area of Air Cargo, IGI Airport, New Delhi on 18.07.2012. The above consignment of white colour crystal powder was being exported to Malaysia and it was contained in three particular cartons/boxes bearing Nos. 19, 21 and 21, which further contained 38 cloth bags each weighing around 1.02 kg. each and was a part of a big consignment consisting of 24 such corrugated boxes/cartons contained in three pallets. The secret information was that a consignment of drugs is being exported by concealment thereof in various handicraft items like lady purse, hina powder and imitation jewellery etc. and the above seized cloth bags i.e. 38 cloth each contained in the above three cartons were found to be having the marking of Neha Rachni Mehandi.

(2.) The further investigation led the DRI team to the co-accused - Paramjit Singh Gulati and the present applicant/accused - Atul Aggarwal, as it was found that the above export consignment was being exported by the above co-accused Paramjit Singh Gulati, as per the shipping documents seized in this case. The DRI officers had conducted simultaneous searches at various premises of both the accused persons and from the residential premises at G-48, Man Sarovar Garden, New Delhi of co-accused - Paramjit Singh Gulati, they had recovered two different pouches marked as EPH and PSE weighing 25.5 gms. (gross weight) and 24.5 gms. (gross weight) respectively containing some white colour crystalline powder, a cash amount of Rs. 1,57,30,000/-; 13 mobile phones of various brands and some documents. Two godowns of the above main/co-accused situated at G-41 (basement), Bali Nagar, New Delhi and at Khasra No. 755/1/1 at Mundka Village, Delhi were also raided and from the first godown also 215 gms. of while colour crystalline power and further a cash amount of Rs. 3,50,000/- was recovered. From the second godown, some solutions of rose water, liquid glucose, etc. with suspected Ketaminel dissolved therein were recovered with drums of refined glycerine, ethyl acetate, etc.

(3.) As far as the petitioner - Atul Aggarwal is concerned, the recovery of five (5) cheque books of various accounts, some digital storage media, three mobile phones, one laptop and 44 rubber stamps of various firms was effected from his residence at D-99, Gali No. 5, South Ganesh Nagar, New Delhi and one G-Card ID was also recovered from his other residence at 178, 1st Floor, Street No. 8, West Guru Angad Nagar, New Delhi and 20 HDPE bags containing some mehandi powder, glass bangles, mirrors, agarbattis, ladies pouch purses, incense powder and vanity cases etc. was also effected from his godown premises situated at A-36, Kundan Nagar, Delhi.