SAYEED ABU ALA Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) THIS is a petition under Section 439 of the Code of Criminal Procedure by the petitioner, Shri Sayeed Abu Ala, seeking bail. On the basis of secret information, the office of Narcotic Control bureau had conducted a raid at the residential premises of the petitioner at A-263, New Friends Colony, New Delhi. From the said residential premises nothing was recovered and thereafter raid was conducted at the office premises of the petitioner M/s Zenith Pharma, a Pharmaceuticals and Chemical firm. At the time of conducting the raid, the son of the petitioner, Abu Sualeh, had disclosed about another premises in Old Delhi at Mohalla Kishanganj, Teliwara. From the raid on the said premises, approximately 32 kilograms of heroin was recovered along with equipment required for the manufacture of heroin. Mohd. Altaf, an employee of the petitioner, was found in the said premises. Petitioner was also caught with 18 kilograms of heroin at Bangalore for which he was under custody at Chennai. Later on after the recovery of about 32 kilograms of heroin from the house at Kishan Ganj, where the employee of the petitioner was present and from where equipments for making heroin was also confiscated, the statement of petitioner was recorded under Section 67, which was later on retracted by him. Along with 32. 205 Kgs. of heroin 28 bottles of acetic Anhydride and 79 bags of suspected Sodium Carbonate having a total weight 400 Kgs was recovered from the house of the petitioner at Mohalla Kishanganj, teliwara.

(2.) MOHD Altaf was issued notice under section 67 of NDPS Act and he gave a voluntary statement under section 67 of the Act admitting that the premises belonged to the petitioner and he was working with him and assisting him in the manufacture of heroin. The statements of the petitioner"s wife and other persons were also recorded. Since the petitioner was in prison in connection with another seizure of 18 Kgs. of heroin in Banglore, an application was filed for his examination which was granted and he was examined in jail from 9a. M to 6 P. M on 12. 01. 2001. In his statement he admitted that the properties owned by him at Delhi and bangalore were purchased from the income received from the illegal trade of narcotics. He also stated about the manufacture of heroin from his house at teliwara.

(3.) THE petitioner has contended that from his residential house at New friends Colony nothing incriminating was recovered and that the house at Kishan ganj, Teliwara, from where 32 kilograms of heroin along with the equipments to manufacture heroin was confiscated is on rent to Mr. Asghar Khan. Learned counsel for the petitioner however admitted that the entire house is not on rent and the ground floor of the house at Kishan Ganj, Teliwara, was in the occupation of Mohd. Altaf, who has also not been granted bail. Learned counsel for the petitioner contended that a power of attorney was executed in favour of the petitioner by his wife and a rent agreement was executed in favour of Mr. Asghar Khan, who is stated to be in occupation of the first floor. These documents, the power of attorney and the rent agreement, were sought to be produced on behalf of petitioner, however, the trial Court had rejected the application of the petitioner to take those documents and the order of the trial Court has not been challenged by the petitioner. When the statement of the wife of the petitioner was recorded, certain documents were produced by her, which reflected that the house is owned by her. This is also admitted that she had executed a power of attorney in favor of the petitioner, which is still valid.