KAMAL KISHORE KALRA Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure (the code) is filed to challenge the order dated 16. 10. 2006 and the notice framed on 28. 11. 2006 by the learned Metropolitan Magistrate, Delhi, in respect of a non-cognizable offence under Section 103 of the Delhi Police Act, 1978, and the order dated 17. 02. 2007 passed by the learned Additional Sessions Judge, Delhi, in Criminal Revision Petition No. 6/2007, whereby the aforesaid order dated 28. 11. 2006 has been confirmed, and for quashing the proceedings before the learned MM in the aforesaid case.

(2.) I have heard learned counsel for the petitioner and the learned APP in the matter and also perused the trial Court record, which has been summoned for today.

(3.) THE case of the prosecution is that on the receipt of some secret information that a person will come near Sarai Rohilla flyover on 27. 04. 2001 at about 03:00 p. m. with huge quantity of Govt. medicines which are stolen with intention to sell them, it laid a trap at about 02:45 p. m. beneath the flyover. At the appointed time one person came under the flyover holding one bag in his each hand. The informant identified him. On this the said person namely Ashok s/o Kesar Das was overpowered by the police and some medicines bearing the inscription "mcd Supply Not For Sale" were recovered from his possession. When he was asked to produce ownership proof, he was unable to do so and upon intensive interrogation, he told that all these medicines were stolen from MCD dispensary and that he had come to sell them. The police registered the First information Report No. 177/2001 against the accused Ashok under Section 411 IPC. The statement of the accused Ashok was recorded under Section 161 of the Code, who disclosed that more persons were involved in this business. At his instance further quantities of such like medicines were recovered from his house and on 29. 04. 2001 accused Anil Kumar was arrested on the identification of accused ashok. Thereafter, upon further further investigation of both accused Ashok and anil Kumar, their other companions including the petitioner herein, namely, Dr. Kamal Kishore Kalra were also traced out. The petitioner was arrested on 01. 05. 2001 on the identification of accused Ashok and Anil Kumar and at their instance a huge quantity of such like medicines were recovered from their possession.