Wednesday, September 23, 2015

Sp Tripathi Io Ncb vs Yudhister Kumar Alias Y Kumar And ... on 22 September, 2015

Sp Tripathi Io Ncb vs Yudhister Kumar Alias Y Kumar And ... on 22 September, 2015
Author: Suresh Kait
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Delivered on: 22 September, 2015

+                             CRL.A. No. 254/1996

SP TRIPATHI IO NCB                                   ..... Appellant
               Represented by: Mr. Satish Aggarwala, Advocate.
               Versus
YUDHISTER KUMAR ALIAS Y KUMAR AND ORS ..... Respondents
         Represented by: Mr. Amit Sharma and Mr. Aditya
                           Bhardwaj, Advocates for Respondent
                           No.1.
                           Mr. Rajeev Gaur, Advocate for
                           Respondent No.3.
                           Mr. Rajan Bakshi, Advocate for
                           Respondent No. 4.

                                      AND

                              CRL.A. No. 255/1996

SP TRIPATHI IO NCB                                  ..... Appellant
               Represented by: Mr. Satish Aggarwala, Advocate.
               Versus
AMRIK SINGH AND ANOTHER                         ..... Respondents
         Represented by: Mr. Amit Sharma and Mr. Aditya
                           Bhardwaj, Advocates for Respondent
                           No.1.
                           Mr. Rajan Bakshi, Advocate for
                           Respondent No.2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J.
1. These appeals have been preferred on behalf of the Narcotics Control Bureau, New Delhi, against the common judgment and order dated 06.05.1996 passed by the learned Additional Sessions Judge-cum-

Special Judge, Narcotic Drugs and Psychotropic Substances Court, New Delhi, in Sessions Case No. 179/1988 and Sessions Case No. 7/1990 acquitting the respondents, namely, Yudhister Kumar @ Y. Kumar, Joginder Mohan Malhotra @ Jindo Malhotra, Narinder Pal Singh, Manju Narula, Surinder Mohan Malhotra and Anil Kumar Gandhi (in S.C. No. 179/1988) and respondents Amrik Singh and Kamal Manku @ Paul (in S.C. No.7/1990) for the offences punishable under Section 29 read with Sections 21 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'NDPS Act') and respondent Manju Narula for separate offence punishable under Section 21 NDPS Act.

2. Since the aforementioned appeals involve common question of facts and law and arise from the common judgment dated 06.05.1996, therefore, I shall dispose of these two appeals by this judgment.

3. It is noted that Criminal Appeal No.254/1996 is filed challenging the judgment dated 06.05.1996 passed in Sessions Case No.179/1988 arising out of complaint Ex.PW5/C filed by Sh. N.P. Kaushik, Intelligence Officer, NCB, New Delhi, in 1987 and Criminal Appeal No.255/1996 is filed challenging the said judgment passed in Sessions Case No.7/1990 arising out of complaint dated 28.08.1989 Ex. PW5/D against the respondents herein in the court of learned Additional Chief Metropolitan Magistrate (ACMM), New Delhi.

4. Before proceeding further, it is noted that during pendency of the appeals, three respondents, namely, Anil Kumar Gandhi, Joginder Mohan Malhotra @ Jindo Malhotra and Surinder Mohan Malhotra, respondents in Criminal Appeal No. 254/1996, had expired, thus, said appeal against them had already been abated vide orders dated 30.10.2000, 18.08.2011 and 13.08.2013 respectively.

5. Facts of these cases are that on the basis of specific information, on 18.09.1987, a team of officers of NCB headed by Sh.J.K.Handa (PW1) had searched the residential premises, i.e., 30, Paschim Marg, Vasant Vihar, New Delhi, of deceased respondent Joginder Mohan Malhotra @ Jindo Malhotra and had seized one metal container sealing machine Ex.P- 1A alongwith diaries Ex. P-2A and Ex.P-3A vide Panchnama Ex. PW1/A. At that time, respondent Manju Narula was also present and on enquiries, she disclosed that she had carried 2 packets containing 8 kilograms of heroin, a contraband and a dangerous drug under the provisions of the Dangerous Drugs Act, 1930, from the aforenoted residence of deceased respondent Joginder Mohan Malhotra to her parental house, i.e., 36, Malviya Nagar at about 3.00 or 4.00 AM on that day. Thereafter, the said parental house was searched by a team of NCB Officers headed by Sh.N.P.Kaushik (PW5), who accompanied respondent Manju Narula from the house of said deceased respondent on the same day, i.e., 18.09.1997. Respondent Manju Narula produced two pure ghee tins of 5 kilograms each of the brand names of 'Indana' and 'Milk Food' and one black coloured suitcase. On breaking open the two tins, they were found to contain 4 kilograms and 3.7 kilograms heroin contained in a polythene packet each respectively. A suitcase was found to contain 2 cloth thellies (small pouches of cloth) having 'Urdu' markings and some stars inside a circle each containing 1 kilogram heroin in a polythene packet.

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