NCB Vs. ROZEN COHEN @ HALLOO

JUDGEMENT

(1.) Present appeal has been preferred by Narcotics Control Bureau (in short 'NCB') to challenge the legality and correctness of a judgment dated 28.02.2013 of learned Spl. Judge NDPS in Sessions Case No. 174/08 pertaining to case file No. VIII/40/DZU/2006 registered under Section 20(b)(ii)(C) and 23 NDPS Act by which the respondent was acquitted of the charge. The appeal is contested by the respondent.

(2.) I have heard the learned counsel for the parties and have examined the file minutely.

(3.) Briefly stated, allegations against the respondent were that on 27.07.2006 at about 1330 hours PW-1 (Ajay Kumar), Intelligence Officer, received a secret information from DHL office that a parcel bearing airways bill No. 1403649730 destined for Telaviv, Israel booked from Udaipur lying at DHL Express Pvt. Ltd. office at 40, Okhla Industrial Estate-III, New Delhi is suspected to contain Hashish. The said information was conveyed to Superintendent NCB - R.R.Kumar who directed PW-1 (Ajay Kumar) to constitute a raiding team and take necessary legal action.