UNION OF INDIA Vs. DARSHAN KUMAR

JUDGEMENT

(1.) The respondent (Darshan Kumar) was granted bail in Special Case No. 36 of 1996 under Section 21/8 N.D.P.S.Act, P.S.Vijay Nagar, District Ghaziabad by Sri S.K.Malaviya II Addl. Sessions Judge on 16-10-1996. Under the orders of Hon'ble the Chief Justice a case was registered for cancelling the bail granted to the respondent. Subsequently the Union of India also moved an application for setting aside the order dated 16-10-1996 and cancelling the bail of Darshan Kumar.

(2.) The officers and staff of Narcotics Control Bureau, New Delhi, conducted search of House No. G-146 Sector-9 Vijay Nagar, Ghaziabad, in which Darshan Kumar was residing, on 18-11-1995. The door of the house was opened by Darshan Kumar himself. A polythene bag containing 3.5 kg. Heroin and Rs. 1,24,430.00 in cash was recovered from a steel almirah which had been kept in the bed room. The search was witnessed by two public witnesses. A Panchanama was immediately prepared on the spot by Mukhtiyar Singh, Investigating Officer of Narcotic Control Bureau. It was signed by the search witnesses and some others and a copy of the same was also given to the accused Darshan Kumar who made an endorsement and his signature in token of having received a copy thereof. A statement of the accused Darshan Kumar was also recorded under Section 67 of the N.D.P.S.Act on the same day wherein he admitted the recovery of 3.5 kgs. heroin and Rs. 1,24,430.00 from his residence. He admitted that he had kept the heroin for selling to his customers and he had been carrying on the aforesaid activities for the last 13-14 months. He also admitted that the money recovered had been earned by him by selling Smack. He had been supplying Smack to his customers in Delhi and used to deliver the article at the place indicated by them. He further admitted that the Smack recovered from his residence had been, kept by him for being delivered to a party in Delhi with whom talks were going on for several clays. The statement was recorded by Sri Kamal Kant and it runs into six pages. The last five lines of the statement were written by accused Darshan Kumar himself and every page was signed by him.

(3.) After recover of the heroin and money accused Darshan Kumar was taken to Delhi for further interrogation where he was formally taken into custody at about 8 p.m. on the same day i.e. on 18-11-1995. He was produced before the duty Magistrate in Delhi on 19-11-1995 who authorised his detention in judicial custody until 21-11-1995. On 21-11-1995, the accused was produced before the Special Court. N.D.P.S.Act Patiala House. New Delhi, who directed that the accused be produced before Special Judge Ghaziabad on 22-11-1995 as the Special Court, New Delhi, had no territorial jurisdiction to try the offences. Thereafter, the accused was produced before the Sessions Judge, Ghaziabad on 22-11-1995 who authorised his detention in judicial custody up to 2-12-1995 and the said order of the remand was extended from time to time.