9911796707
TMI Blog2022 (2) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... s Annexure-5 on page 70 of the charge sheet which showed the address of the courier company i.e. Apex Courier at Mahipalpur, Delhi. Further, there is no mention of any consignment slip in the seizure memo or the panchnama in the main charge sheet. The Court also noted the difference in the colour and weight of the samples taken and sent to the laboratory. The alleged consignment Note No. 20235315 was generated in Delhi and not Agra. The total weight of the parcel was 25.460 kg and the weight of the contraband was 21.960 kg. By no stretch of imagination, the packing material can be equivalent to 3.5 kg. No calls or chats have been found between the petitioner or the co-accused or any other person. Nothing incriminating was recovered from the premises of M/s. Golden Belly Farms, Uttar Pradesh. Statement of the petitioner recorded under Section 67 of the NDPS Act was not voluntary as the same was taken after continuous custody with NCB officials and had been retracted at the earliest opportunity and in any case, cannot be relied upon in view of the decision of the Hon'ble Supreme Court reported as (2021) 4 SCC 1 Tofan Singh Vs. State of Tamil Nadu. 3. It is further contended that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PS Act. The contraband was recovered from two packets in one parcel as informed by secret informer. Satyapal was working in the transport business, thus was in touch with the people working in transport business and was not involved in the illegal activity of commission of offence and hence, was not made an accused. 5. It is contended that there is no parity in the role of the petitioner and the accused Birpal and Mohan Kumar, for the reason, Brij Bhushan Bansal and the petitioner were on one side procuring the contraband from the open market illegally. The recovered tablets of contraband were purchased illegally in Agra as is evident from the batch numbers of the tablets which batch numbers of tablets were available in Agra. The contraband was sent from Agra to Delhi which is evident from the messages and Whatsapp chats data retrieved from the mobile phone of accused Birpal with which accused Brij Bhushan Bansal was also confronted. The petitioner and Brij Bhushan Bansal are partners in Pig farming and under the garb of said business, were also indulging in illegal trafficking of narcotics drugs and psychotropic substances. The role assigned to Mohan Kumar and Birpal who have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... last 1½ years. He stated that Brij Bhushan Bansal met him three years ago at Agra. He used to send medicines containing psychotropic substances which medicines were forwarded to him. However, he had no clue about the nature of medicines. 10. The petitioner was also arrested and his statement under Section 67 of the NDPS Act was recorded wherein, he stated that he took parcels of medicines given by accused Brij Bhushan Bansal at Agra and delivered the same to Satpal for being sent to Delhi in his car. 11. It was thus revealed in investigation that the accused Brij Bhushan Bansal, Gaurav, the present petitioner, Mohan Kumar and Birpal were involved in illegal trafficking of psychotropic substances through courier services. The complaint has been filed by the respondent against these four accused. 12. Allegations of the prosecution against the petitioner are that the petitioner is connected with the main accused Brij Bhushan Bansal, that they were doing the business of pig farming together and in the garb of the said business were indulging in supply of narcotic drugs and psychotropic substances. Undoubtedly, no recovery has been made from the petitioner. While granting bai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra), the statement of Satpal only indicates that the car number of the petitioner was given and that the parcels will be sent in the said car. As per Satpal, the parcels were given to Danish and on Dr.Bansal asking about the parcels being received and sent, he inquired from Danish who said that the same were taken by Dr. Bansal's man from Apex Courier. No statement of Danish has been recorded to show that the petitioner has handed over the two parcels to him in his Honda City Car No.3003. Thus the allegations at best against the petitioner is that number of his Honda City Car was used for sending the parcels to the courier agency at Agra. In the absence of the statement of Danish, as per the complaint filed by the respondent who is not a witness and there is no evidence against the petitioner except the inadmissible statement of the petitioner himself that he delivered the parcels to Danish. Further claim of the respondent is that the petitioner was in touch with the main accused Dr.Brij Bhushan Bansal as per the call detail records. It is the case of the respondent itself that Dr.Brij Bhushan Bansal and petitioner were partners. Hence the contact between the main accused as es ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
