DEVENDRA DUTT Vs. STATE

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing an order dated 12.4.89 passed by Sh. D.R. Jain, Metropolitan Magistrate, New Delhi on FIR No. 43/88 under Section 309 of Indian Penal Code pertaining to Police Station Kalkaji. The circumstances in which this petition arose are as follows :

(2.) A case under Section 309 IPB was registered against one B.D. Tandon on the basis of report dated 12.2.88 allegedly made by Sh. M.R. Pruthi, Assistant Director of the Central Economic Intelligence Bureau (in short 'CEIB').

(3.) In that report addressed to the Incharge, Police Post, Nehru Place, New Delhi, Mr. Pruthi stated that today i.e. on 12.2.88 officers of the Narcotic Control Bureau ('NCB' for short) searched the business premises of M/s In Com Associates Pvt. Ltd. 203, Devika Tower, 6, Nehru Place and recovered and seized 3.186 Kg. of Heroine. Subsequently the officers of the CEIB were also associated in the investigation. Therefore, he along with Shri V.K. Bakshi and Sh. H.P.Kain, Addl. Director of Intelligence were recording statement of Sh. B.D. Tandon from Income tax angle. During the recording of that statement B.D. Tandon on pretext of probably answering a call of nature around 11.30 P.M. went towards the door towards balcony and jumped therefrom. Probably he wanted to hide some facts of the case and that is why he jumped from the railing. Intimation regarding his jumping was conveyed to Police control Room on phone No. 100.