NARESH KUMAR GARG Vs. SENIOR INTELLIGENCE OFFICER

JUDGEMENT

(1.) PETITIONER is the 3rd accused in S.C.No.40/2008 of Special Judge (NDPS Cases), Vadakara. The offences alleged against him and other accused are under Sec.8(c) r/w Secs.27A, 28 and 29 of NDPS Act. Petitioner has been in custody from 24.12.2011 onwards.

(2.) IT is alleged that on 25.3.2008 at 8.30 hours, the Senior Intelligence Officer (SIO), Directorate of Revenue Intelligence (DRI), on getting information that A1-Habeeb Rahiman @ Kunjappu got heroin from Rajasthan for export and that he was keeping 10 kgms of heroin concealed in a house by name "Homeo Bhavan". Search of the building, as disclosed in that information, was conducted as per the procedure prescribed under the provisions of the NDPS Act and Code of Criminal Procedure.

(3.) LEARNED counsel for the petitioner submits that except the fact that this petitioner was operating the bank account on behalf of A2, there is nothing else to connect the petitioner. It is further contended that the petitioner is a business man conducting liquor business and as he/his business concern used to supply liquor in wholesale to so many persons, amounts used to come to the bank account and so, simply because some money came to the account in question is not a reason to hold that the petitioner was having connection with heroin seized in this case or that there was a criminal conspiracy between the petitioner and other accused persons. Learned counsel for the petitioner has pointed out the statement given by the petitioner, which, according to the learned counsel, would show that there were business transactions between the petitioner and Rajesh Bharadwaj. It is stated that the petitioner was the nominee/authorised agent who was empowered to operate the bank account. Learned counsel further submits that the petitioner was granted permit for his wine shop also.