DIRECTORATE OF REVENUE INTELLIGENCE Vs. KULBIR SINGH

JUDGEMENT

(1.) By this petition the petitioner/ Directorate of Revenue Intelligence (in short DRI) seeks leave to appeal against the impugned judgment dated 10th Sept., 2015 whereby the two respondents Kulbir Singh and Gurbaaj Singh @ Baaj Singh were acquitted.

(2.) During the pendency of the present leave to appeal petition respondent No.2/ Gurbaaj Singh @ Baaj Singh died and thus vide order dated 16th Feb., 2018 this Court held that the leave to appeal petition qua respondent No.2 stood abated. Thus, leave to appeal petition is now confined only qua respondent No.1/ Kulbir Singh.

(3.) Case of the petitioner is that an information was received on 8th March, 2008 at 6.00 AM that one Hyundai Santro car bearing registration No. PB 02 AG 6882 was parked in the parking lot of New Delhi Railway Station, Pahar Ganj side and the said car contained narcotic drugs concealed in a bag. A raiding team was constituted which reached the spot and a discreet watch was kept on the car from a distance. At around 7.40 AM two persons were seen approaching the car, one of them tried to open the lock of the car with a key and the other one tried to get into the front passenger seat of the car. At that stage the two persons were intercepted and the DRI officers introduced themselves by showing their identity cards. Names of the two persons were revealed as Kulbir Singh and Gurbaaj Singh @ Baaj Singh. Two persons associated with the raids were also introduced to the accused. On being asked whether they were carrying any narcotic drug on their person or in their car, the answer was in the negative.