SATISH BANSAL Vs. NCB CHANDIGARH

JUDGEMENT

(1.) APPLICANT -appellant seeks suspension of sentence during pendency of appeal.

(2.) APPLICANT -appellant was charge -sheeted under Section 228(1)(b) Cr.P.C. for the offences punishable under Section 25A read with Section 9A of NDPS Act, 1985 and clauses 4 and 10 of the Narcotic Drugs and Psychotropic Substance (Regulation of Control Substance) Order, 2013.

(3.) THE edifice of prosecution version is that on 23.09.2013, specific information was received by Intelligence Officer Sachin Guleria in respect of control delivery operation conducted by Narcotic Control Bureau in India and Australian Federal Police in Australia. Further possibility of recovery of huge ephedrine/pseudo -ephedrine or other narcotic contraband from the house of the applicant was alleged. The information was considered worth reliance and was reduced into writing. Superintendent, NCB, Chandigarh, constituted NCB team for search operation. The case against the appellant was that he had indulged in illegal export of ephedrine/pseudo -ephedrine to Australia by concealing and mixing the same in the bags of basmati rice sent from his firm Prince Overseas, Labhu Complex, Salarpur Road, Kurukshetra. Australian Federal Police in Melbourne had seized approximately 273 kgs ephedrine exported by the applicant in the bags of basmati rice. The team constituted by NCB, Chandigarh raided the house of the applicant and has allegedly recovered 2.600 kg of pseudo -ephedrine, a controlled substance as per notification dated 26.03.2013 of Government of India from a room of the house of the applicant.