LAWS(DLH)-2009-1-169

HARISH JOSHI Vs. D.R.I.

Decided On January 16, 2009
Harish Joshi Appellant
V/S
D.R.I. Respondents

JUDGEMENT

(1.) ON receipt of specific intelligence by the officers of Directorate of Revenue Intelligence (hereinafter referred as "DR".) that one person would come in a Tata Indica Car bearing Registration No. UP 14 -AK - 0505 carrying narcotic drugs concealed in a suitcase which would be transferred to another person who would also come to the designated place of delivery of drugs i.e. opposite DLF Golf Course, Gurgaon at about 6.00 P.M. on 8.9.2008, surveillance was organized near DLF Golf Course. At about 6.30 P.M. the said vehicle while coming from Delhi when did not stop near the DLF Golf Course, was followed by DRI officers. The said Tata Indica car took a right turn after reaching the red light and after about 500 meters took a left turn and entered into a lane. The said vehicle stopped near the petitioner/accused who seemed to be waiting for the said car. DRI officers continued to stay in their own car and watched from some distance that a person had alighted from the said Tata Indica Car and talked to the petitioner and when DRI officers tried to intercept the said car, the person who had come out of the car managed to escape whereas petitioner got inside the car which took U -turn and sped away towards Delhi.

(2.) THE said vehicle was finally intercepted and stopped by the DRI officers opposite Shiv Murti, near Mahipal Pur, New Delhi at around 7.30 P.M. The DRI officers looked inside the car but did not find anything incriminating on or underneath the seats of the car. Thereafter, on the asking of the DRI officers, the driver of the car opened the dickey of the car wherein a black coloured zipper trolley suitcase was found. DRI officers also inquired about the identity of the person who was sitting inside the car. One of the occupants was the petitioner. However, the driver of the car expressed his ignorance if any narcotics drugs were being carried in the car. The petitioner is alleged to have admitted that he had to take delivery of the suitcase containing 5 kg heroin concealed therein lying in the dickey of the car. The person who was successful in running away was identified as Sanjay.

(3.) THEREAFTER , other formalities like taking out sample, sealing the case property etc. were completed. Panchnama was prepared on 9.9.2008 which was signed by the accused persons and panch witnesses as well as intelligence officer and the accused persons were arrested. The Intelligence officer also recorded statement of the accused persons including the petitioner under Section 67 of the Act.