Directorate Of Revenue … vs Ramesh Behl & Ors. on 29 March, 2016

2. The case of the prosecution in brief was that a secret information
was received by DRI officials that one Ramesh Behl (since deceased)
(hereinafter referred as ‘respondent No.1’) was involved in the smuggling
of narcotic drugs and that he would be receiving about 30 KG of heroin on
that date (26.11.1996) in the afternoon at Azad Pur Subzi Mandi, Delhi

Crl. Appeal No.787/2001 Page 1 of 10
from some persons who would come from Punjab; he will use Neptune
colour Maruti Van bearing registration No.DL-3CG-5120 for taking the
delivery of the narcotic. Accordingly, a raiding party was formed and on
reaching the Subzi Mandi exit gate intercepted the said Maruti Van being
driven by respondent No.1, co-accused Gurdev Singh (hereinafter referred
as respondent No.2) was sitting by his side; and another person by the
name of Dault Singh was sitting on the back seat. Summons under Section
67 of the NDPS Act were served upon the occupants of the Van and as the
place was not found conducive for search, the Van and occupants were
brought to the DRI office at ITO, New Delhi. Two panch witnesses namely
Raju and Sandeep were joined in the proceedings and in their presence
notices under Section 50 of the NDPS Act were served to all the three
occupants of the Van. Nothing incriminating was found from the personal
search of the occupants. On search of the Van, one sack was found lying
on the back seat which contained several packets which were taken to DRI
office and examined after opening in the presence of above noted two
panch witnesses and occupants of the Van. The contraband weighing
about 29 KG was recovered from the sack in 29 separate packets. The
entire contraband was weighed and it came to 29.105 KG of opium.
Accordingly, samples were drawn and sealed. The statements of occupants
were recorded. Besides admitting their guilt, it was also disclosed by
respondent No.2 that he had used truck bearing registration No.UP-81C-
9112 for transporting the contraband from Amritsar, Punjab to Delhi which
was parked near Seb (Apple) Mandi, Azadpur, Delhi and the said truck
was seized. Pursuant to the disclosure statement made by respondent No.1,
his shop premises at Chandni Chowk, Delhi was searched and accused
Mohammad Hanif (hereinafter referred as respondent No.3) found at the
Crl. Appeal No.787/2001 Page 2 of 10
shop was summoned. His statement under Section 67 of the NDPS Act
was recorded wherein he admitted that he was in the drug trade with
respondent No.1. Upon completion of investigation, all three respondents
were chargesheeted for the offences punishable under Section 29 read with
Section 23 & 18 of the NDPS Act. Separate charges were framed under
Section 18 & 23 of the NDPS Act against respondent Nos.1 & 2.

Source: Indian Kanoon

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