MEENANATH BODAKE Vs. INTELLIGENCE OFFICER, D.R.I.

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in File No. DRI/MZU/ C/INT-42/2020 for offence punishable under Sec. 8 (c) read with Ss. 21 (c), 23, 25, 27-A, 29, 31-A of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act ").

(2.) A specific information was received by the Joint Director, D.R.I. on 7/8/2020 to the effect that during examination of a container No. INKU2267955 imported under Bill of Entry No. 8349682 dtd. 1/8/2020 is suspected to contain a contraband covered under the NDPS Act. Accordingly, the officers of D.R.I. reached and examination proceeding was recorded in the presence of two Panch witnesses and applicant. The officers with the help of Drug Detection Kit conducted test on the alleged creamish colour powder allegedly recovered from the wooden structure which was found in bag No. 3 and the same tested positive for heroin.

(3.) Further, during examination 1783 wooden structures were found, which were purported to contain contraband. All the wooden structures were cut open wherein 191.60 kg of creamish colour powder purported to be heroin was recovered. After carrying out necessary formalities of packing and panchnama proceedings, summons were issued to applicant under Sec. 67 of the NDPS Act. The applicant voluntary gave statement.