UMAR ABDUL SAKOOR SORATHIA Vs. INTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) Leave granted.

(2.) Appellant had a diplomatic outfit earlier (an honorary officer in the Consulate of Liberia at Mozambique) of which he was subsequently stripped. He is said to be an Indian citizen as he holds a passport issued from India. He is now facing a charge under Section 29 of the Narcotic Drugs and Psychotropic Substances Act (for short "the NDPS Act") before a Special Court at Chennai. He moved the trial Court for a discharge under Section 227 of the Code of Criminal Procedure, but in vain. He then moved the High Court of Madras for quashing the said order of the Special Court. A learned single Judge of the High Court dismissed his petition as per the impugned order.

(3.) On 21-4-1994, the Royal Police of the Kingdom of Swaziland (situate adjacent to South Africa and Mozambique) intercepted a container truck carrying nearly 24 million tablets of "Mandrax". They were packed in plastic packets of 1000 tablets each and cartone in slabs consisting of 9 packets each. The contraband was concealed in packets of electric globes. Mandrax is a high potency narcotic substance, the chemical name of which is "Methaqualone". As the catch was of a significant quantity of forbidden substance, messages were sent to various Narcotic Control Bureau. It was eventually discovered that the said stock was despatched fro the port of Chennai in India in the name of M/s. K.J. Exports, 36 Seventh Street, Shastri Nagar, Chennai 20, and the destination was shown as a company in South Africa by name M/s. Dynamic Electronics Ltd. Annfrere (South Africa). After the investigation, a complaint was filed against four persons (1. Arib K. Patel, 2. Y.V. Nagraj, 3. G.N. Venugopal, 4. M. Arumugam) under different offences of the NDPS Act. Subsequently the investigating agency received some more information about the aforesaid mandrax and the connection of the appellant therewith. They obtained permission from the Special Court to conduct further investigation into the matter under Section 173(8) of the Code. Such investigation revealed to the investigating officer that appellant was one of the key persons who conspired with the other four accused already charge-sheeted. Subsequently appellant was also arraigned with them for the offence under Section 29 of the NDPS Act.