JITENDRA PANCHAL Vs. INTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) Heard. Rule. The learned Advocates appearing on behalf of the respondents waive service on behalf of the respective respondents. By consent, rule made returnable forthwith.

(2.) By the present petition, the petitioner is challenging the order dated 25-4-2007 passed by the Special Judge for the NDPS Court, Mumbai in Remand Application No.96 of 2007 in NDPS Special Case No.67 of 2007 while seeking to quash the prosecution in the said special case against the petitioner.

(3.) On 17-10-2002 the officers of the Detroit Field Office of the U.S. Drug Enforcement seized a consignment of 1243 pounds (565.2 Kgs.) of hashish in Newwark, U.S.A.. The said hashish was found concealed in a consignment of pickles of the company named Mahesh Food Products of Mumbai (India) and exported to a company called the House of Spice in Newwark, U.S.A. . The seizure of contraband goods was effected as a consequence of the joint operation carried out by the DEA of U.S.A., the Narcotic Control Bureau of India and the enforcement agencies in Germany and Austria. It appears that in the course of the investigation, it has been transpired that two persons, namely the petitioner herein and one Niranjan were engaged in trafficking hashish out of India to the U.S.A. as well as to the various destinations in Europe and the said seized quantity of hashish was also smuggled/exported out of India by the petitioner and the said Niranjan Shah, besides one Kishore was also involved in the said trafficking activities.