INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU Vs. RAMLAL GUJAR

JUDGEMENT

(1.) HEARD the Special Public Prosecutor appearing for the petitioner as well as the legal Aid Counsel appointed for the respondent / accused for interrogation.

(2.) THE petition has been filed under Section 397 r/w 401 Cr. P. C. , seeking an order to set aside the order, dated 25. 05. 2009 made in Crl. M. P. No. 952 of 2009 in spl. C. No. 11 of 2007 on the file of the Principal Special Judge, Special Court under EC and NDPS Court, Chennai and direct the respondent to NCB custody.

(3.) LEARNED Special Public Prosecutor appearing for the petitioner contended that the Zonal Director, NCB, Mumbai, has intimated vide letter, dated 19. 05. 2009 that on 13. 01. 2006, Zonal Unit, Mumbai had searched and seized 5 Kgs of heroin from the residential premises situated at Flat No. 303, B. 1, Aman apartments, Gaurav Sankalp, Mira Road (E) District, Thane and arrested one santosh R. Solankio, a resident of Thane District, Mumbai. During enquiry, the said accused has given a statement, that was recorded under Section 67 of NDPS act that the seized heroin had been procured from Ramlal Gujar, a resident of tagore Mohalla, Bhavani Mandi, Jhalawar District, Rajasthan. He has also given his description and identified his photograph. Based on the same, Mumbai Zonal unit issued summon dated 10. 02. 2006 to the said Ramlal Gujar, the respondent herein. Since the seized contraband is a huge quantity of heroin, in order to prosecute the case properly, according to the learned Special Public Prosecutor, the custody of the respondent is required for the petitioner.