DIRECTORATE OF REVENUE INTELLIGENCE Vs. AMIT KUMAR

JUDGEMENT

(1.) Instant petition is arising out of the impugned order passed by the learned Special Judge, NDPS cases, Saket, New Delhi, dated 12.12.2013 qua against the present petitioner, i.e., Directorate of Revenue Intelligence( DRI), who preferred to file the present petition under Section 482 of the Code of Criminal Procedure for setting aside/quashing of the aforesaid impugned order.

(2.) The brief facts stated are that, on the basis of the secret information, the petitioner's, i.e., Directorate of Revenue Intelligence(DRI), officers had effected a seizure of 272.800 Kg. of contraband substance from a three wheeler luggage carrier bearing registration No. DL 1LN 7074 which was driven by one Bablu Ram and co-passenger Anil Kumar. The said seized contraband substance was found having presence of Methaqualone.

(3.) Subsequently, during the interrogation it was revealed by Anil Kumar that the contraband substance was handed over to him by one Parmanand @ Manu Khosla. Consequently, Manu Khosla's premises was searched out by the DRI officers and a further recovery of 33.450 Kg. of similar substance was effected. Pursuant to the disclosures made by him a further recovery of 951.350 Kg. of the similar substance was effected from a vehicle make Toyota Fortuner bearing registration No. DL 13CA 1800, belonging to the present respondent, i.e., Amit Kumar. The aforesaid vehicle is stated to be registered in the name of a company named M/s. Scilla Biotechnologies Limited, of which the present respondent is stated to be the Director. The present respondent, i.e., Amit Kumar, along with Anil Kumar and Manu Khosla were subsequently arrested in this case under the NDPS Act as they all were found to be dealing in contraband substances. However, during the interrogation it was found that Bablu Ram was only a driver of the three wheeler luggage carrier bearing registration No. DL 1LN 7074 and was not personally involved in the commission of the offence. Therefore, he was not made a party to the seized contraband substance.