NARCOTICS CONTROL BUREAU Vs. UNKNOWN PERSON

JUDGEMENT

(1.) The petitioner-Narcotics Control Bureau (hereinafter referred as NCB) has preferred the instant petition under Sections 482 Crimial P.C. for setting aside the impugned order dated 15.07.2015 passed by the learned Special Judge, NDPS/N. Delhi in the case titled as NCB Vs. Unknown Person. Further the petitioner also seeks for confiscation and disposal of the case property, i.e. seized property:- 45gm Cocaine, 555gm Heroin and 320gm Hashish along with its seized articles, packing materials and samples, under Sec. 63 (2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as NDPS Act).

(2.) The brief facts stated are that on 03.01.2011 Shri M.M. Bhandari, Intelligence Officer NCB received an information about some parcels lying at the RLO, SRT Nagar, PO Building, New Delhi which were suspected of containing narcotic drugs. In pursuance of the said information a team was constituted which reached the above-mentioned address and recovered nine parcels/packets and a recovery memo was prepared. Thereafter, the recovered parcels were tested with the field testing kit which gave positive results of cocaine, heroin and hashish respectively. The quantity of seized substances were measured, i.e. 45gm Cocaine, 555gm Heroin and 320gm Hashish, seizure report was prepared and the samples were forwarded to CRCL for examination and a report with positive result for cocaine, heroin and hashish was received from the CRCL.

(3.) The petitioner department/investigation officer made several efforts to trace the persons who committed the offence in connection with the seized narcotic substances but same cannot be found and on finding no possibility of any information to be received in the near future the petitioner moved an application under Sec. 63(2) of NDPS Act in the Court of Special Judge, NDPS/N. Delhi for confiscation and disposal of the case property along with its seized articles, packing materials and samples.