VIMAL KUMAR BAHL Vs. DRI

JUDGEMENT

(1.) ON 17. 4. 2001 at about 9. 30 AM pursuant to a secret information dated 16. 04. 2001 Ex. PW12/a received by A. K. Prasad PW-12 the officers of the directorate of Revenue Intelligence, Headquarters, New Delhi (hereinafter referred to as the DRI) intercepted two cars bearing registration No. DL-3cq-4785, a silver grey coloured Matiz car and DL-9c-3785 a white coloured Maruti car at the National Highway No. 8, opposite Shiv Temple, delhi-Gurgaon Road, Delhi. The occupant of the Maruti car introduced himself as Vimal-Kumar Bahl and the occupant of the Matiz car introduced himself as Surender Raj Singh. The said cars were being driven by the said respective persons.

(2.) INVESTIGATIVE team was headed by P. R. Lakra PW-4 and joined by d. P. Saxena PW-2 and Sudhir Puthran PW-3. The DRI officials informed the apprehended persons that they were to be searched and if they so wished they have a right of getting their search effected either in the presence of a gazetted officer or a Magistrate. Notice under Section 50 of the Narcotic drug and Psychotropic Substance Act, 1985 (hereinafter referred to as the ndps Act) was served upon each of the two apprehended persons. The said notice served upon Vimal Kumar Bahl is Ex. PW-2/b and that served upon surinder Raj Singh is Ex. PW-2/c. Both the persons declined this request and their endorsements appear at point B-1 to B-1 and C-1 to C-1 of ex. PW-2/b and Ex. PW-2/c respectively. These documents were witnessed by the Panchas i. e. PW Ashok Kumar and PW Rajesh Kumar.

(3.) THE white Maruti vehicle was rummaged first; from the dickey of the said vehicle one blue coloured check canvas bag was recovered; on opening the same it was found to contain 17 packets containing a white substance. The registration certificate of the vehicle evidencing the ownership of Rajesh pandoh was also seized. Nothing incriminating was recovered from the silver grey Matiz car. Registration certificate of the vehicle evidenced its ownership in the name of Urmil Guaba wife of Surinder Raj Singh was seized.