DIRECTORATE OF REVENUE INTELLIGENCE Vs. VIKAS KUMAR

JUDGEMENT

(1.) Having heard learned Counsel for the parties and for the reasons stated in the application, the application for restoration is allowed. The petition is restored to its file. The application is disposed of. 'Cr1. M.C. No. 8669/2006 and Crl. M.A. No. 14643/06' The challenge in this petition is to an order dated 21st Dec., 2006 passed by the learned Additional Sessions Judge ('A.S.J.') in Sessions Case No. 04/04 under sections 21/23/29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ('N.D.P.S. Act') whereby bail was granted to the respondent Vikas Kumar @ Vikas Sharma. The aforementioned complaint case was filed by the petitioner - Directorate of Revenue Intelligence ('D.R.I.') stating that on 9th Oct., 2001 on the basis of the secret information heroin to the extent of 4.740 kgs. was recovered from the possession of the co-accused. Satpal Juneja. It was alleged that the said accused was carrying the contraband of heroin in ten pairs of ladies shoes in his checked in baggage, while going to Vancouver via London by a British Airways flight. Satpal Juneja is alleged to have made a statement under section 67, Narcotic Drugs And Psychotropic Substances Act in which he is alleged to have disclosed that it was the petitioner who arranged for his ticket to Vancouver via London and for the stay in Hotel Le-Meridien in London.

(2.) As far as the petitioner is concerned, he is alleged to have arrested in statements under section 67, Narcotic Drugs And Psychotropic Substances Act on 8th March, 2002 and 9th March, 2003. He is supposed to have disclosed that one Vickey from Jalandhar had delivered to him 10 pairs of ladies sandals at Delhi which he then handed over to Satpal Juneja on 8th Oct., 2001. He is also supposed to have disclosed his association with the co-accused Ramesh Maingi of Jalandhar and that Ramesh Maingi made a proposal to him for smuggling heroin through the persons going abroad. The petitioner is supposed to have stated that Satpal Juneja also agreed to get involved in drugs smuggling since Ramesh Maingi had offered handsome money for the work. It may be mentioned that the petitioner retracted his state-merit under section 67, Narcotic Drugs And Psychotropic Substances Act on the ground that he was forced by the D.R.I. officials to sign blank papers after being tortured and threatened to be killed.

(3.) The bail application of the respondent was rejected by the learned Special Judge on 8th Nov., 2002. Thereafter the respondent filed Crl. M. (M) 3845 of 2002 which was dismissed by this Court on 12th March, 2003. Another bail application, being Crl. Misc. (M) No. 4919 of 2003, was also dismissed by this Court for non-prosecution on 14th Jan., 2005. Bail Application No. 2133 of 2004 was also dismissed by this Court on 8th April, 2005 on the ground that there was no change in the circumstances since the rejection of the bail application earlier on 12th March, 2003.