✦ Punjab & Haryana High Court · 23 May 2008

Criminal Misc. No. M-12558 of 2008 (1) v. Directorate of Revenue Intelligence

RAJESH BINDAL2 min read

Case at a glance

Provisions considered

Judgment

CORAM : Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Akshay Bhan, Advocate for the petitioner. Rajesh Bindal J The prayer in the present petition is for grant of anticipatory bail in complaint No. DRI-F 855(2) ASR/2008 under Sections 21,23,25,28,29,60 of NDPS Act, 1985 registered at Directorate, Revenue Intelligence Sub Unit Amritsar. The petitioner is accused in the above referred complaint where recovery of 22.250 Kgs of heroin was effected. The recovery was effected from the possession of Parshotam Lal Sondhi on March 23, 2008 while travelling in Indica car bearing registration No. PB- 08-BB-7311 at Meerankot Chowk, Ajnala Road, Amritsar. In terms of the statement of Parshotam Lal Sondhi, the material was given to him by Surinder Singh @ Bittu Atwal, the petitioner for delivery at Amritsar airport. As against this job, he was to be paid Rs.10,000/- per kilogram. Parshotam Lal Sondhi was handed over a dark blue suit case and one plastic blanket cover bag.

He was informed that the same contained lady suites, in each of which one packet of heroin was concealed. On the information of Parshotam Lal Sondhi search of the residence of the petitioner was carried out, from which besides other the following articles were recovered: Criminal Misc. No. M-12558 of 2008 (2) 10 plastic polythene rolls with foreign marking, some small press lock poly pouches (38 nos.), some plastic pouches press lock of bigger size , some adhesive polythene bags of bigger size (28 nos.), two black/metallic coloured vacuum search model V 2840 bag, Indian currency of Rs. 1,40,000/-, US $ 1057, 20 Canadian dollars, 80 pound sterling's, 270 Thai Bhat, two packs of kores brand carbon paper, one pack of camel brand carbon paper box, three suit cases, out of which one was containing 71 ladies suits unstitched, one black coloured suit case of Heys brand, containing 58 unstitched ladies suits, VIP brand suitcase containing 28 ladies suits unstitched.

Keeping in view the large recovery of contraband involved in the present case and the recovery of suspicious material connecting the same with the material recovered along with heroin, the recovery of large amount of Indian currency and foreign currency, large quantity of carbon papers from the petitioner prima facie show his involvement in the crime especialy keeping in view the fact that the claim of the petitioner is that he is a farmer by profession. In case he is a farmer, there is no reason for recovery of the above referred material from his house at the time of search. The contention of learned counsel for the petitioner showing some discrepancy in recording of time of arrest of Parshotam Lal Sondhi and search carried out at the residence of the petitioner will have no bearing on the case at this stage. Accordingly, I am of the view that the prayer deserves to be dismissed as custodial interrogation of the petitioner is required. Ordered accordingly. May 23, 2008 `ask' Rajesh Bindal Judge

Questions this judgment answers

Which statutory provisions did this judgment involve?

Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 21, 23, 25, 28, 29, 60.

Which court decided this case, and when?

Punjab & Haryana High Court, on 23 May 2008. The bench was RAJESH BINDAL.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

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