DILBAGH SINGH Vs. D R J

JUDGEMENT

(1.) THIS revision petition challenges the order dated 4th June 2008, passed by the learned special Judge, New Delhi in SC NO. 14-A/2008 titled "directorate of Revenue intelligence Vs. Rohit Goel and Ors. " holding that there was prima facie sufficient material to proceed against the petitioner and the other accused under Section 29, 21 (c) read with section 29 of the Narcotic Drugs and psychotropic Substances Act, 1985 (NDPS act ). It also challenges the order dated 4th june 2008 framing charges against the petitioner and two other co-accused for the offence of entering into a criminal conspiracy to possess and transport heroin inter-state 14. 871 kgs net heroin (having percentage 60. 1% to 64. 7%) from one place to another place in front of house No. 60, H-3 Block, Vikas puri, Delhi, thereby committing an offence punishable under Section 21 (c) read with section 29 NDPS Act and also substantively under Section 29 NDPS Act.

(2.) ACCORDING to the Respondent Directorate of Revenue Intelligence (DRI) at around 6 p. m. on 8th September 2007, a secret information was received by Madan Singh, investigating Officer (IO) DRI that a person aged around 34 years old would bring some narcotic drug in a Opel Corsa car bearing registration No. PB 08 AN 6133 for delivery to a person of African origin person around 36 years of age, who would be coming in a Tata indica car bearing registration No. DL 4 CU 3270 at the main entrance road adjacent to park, opposite to house No. 60 of H-3 Block, vikas Puri, Delhi between midnight and 12. 30 a. m. on 9th September 2007. The said information is stated to have been reduced into writing and placed before the senior officers.

(3.) ON receipt of this information, the officers rushed to the spot and associated two panch witnesses. It is alleged that at around 12. 05 a. m. on 9th September 2007 the Tata Indica car bearing the aforementioned registration number arrived at the spot. It was being driven by a Sikh person, i. e. , the petitioner herein. The person of an African origin, i. e. , the co-accused Kouassi Nguessan Williams (Williams) was in the rear seat of the said Tata indica car. It was parked at the spot on the main entrance road of H-3 Block, Vikas Puri adjacent to the park opposite to the said house.