YOGINDER SHARMA Vs. DIRECTOR OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith.

(2.) This petition under Article 227 of the Constitution of India calls in question the legality, propriety and correctness of an order passed by the learned Special Judge (NDPS), Thane on 12/11/2021 on an application below Exhibit 130 in NDPS Special Case No.48 of 2017, whereby the prayer of the petitioner to discharge him from the prosecution came to be rejected. The petitioner is also challenging order dtd. 12/7/2019 framing charges against the petitioner.

(3.) The background facts necessary for determination of this writ petition can be stated as under. On 20/4/2017 the petitioner was arrested in relation to recovery of 16,72,238 quantity of tablets of psychotropic substances, Schedule-H drugs which were valued at Rs.63,90,975.00. According to the prosecution, the petitioner was assisting and aiding prime accused one Mr. Manjeet Singh Chilotra of Mumbai through one of his firms, viz., M/s. Computer Cops., having its registered office at House No.2286, Sector-45C, Chandigarh. The petitioner used to book orders for psychotropic substances online from overseas consumers and send it through prime accused, Manjeet Singh Chilotra. The petitioner received payments for the orders of tablets since 2012 through international wire transfer to the account of his company, Computer Cops. The petitioner used to retain 20% (twenty percent) of the amount as is profit and balance amount was sent by him to the different accounts maintained by the prime accused, Manjeet Singh Chilotra with ICICI Bank in the name of Acme Computers, Allied Computers, D.M. Netcom, D.M. Websolutions and Raj Webtech. During the period from September 2015 to November 2016 the petitioner had sent around Rs.3.19 crore from the account of his firm, M/s. Computer Cops to Manjeet Singh Chilotra's firm Allied Computers. During July 2015 to August 2015 the petitioner sent amount of Rs.79.00 lakh from account of his firm, Computer Cops to D.M. Netcom's account. During July 2016 to November 2016, the petitioner sent around Rs.37.00 lakh from account of his firm, Computer Cops to D.M. Websolution and also sent amount of Rs.72.00 lakh to the account of M/s. Raj Webtech from Computer Cops.