SURESH KUMAR KAIT,J. - (1.)Vide the present petition the petitioner seeks directions thereby quashing of order dated 18.02.2017 passed by Special Judge NDPS-02, (Central), Tis Hazari Courts, Delhi in F.I.R. No. 82/2015 registered at P.S. Crime Branch whereby an application bearing M.A. No. 35 / 2016 under section 91 Cr.P.C. was disposed off.
(2.)The case of the prosecution is that on 30th May 2015 at around 12:45 pm, the Police of P.S. Crime Branch, Prashant Vihar Office, Delhi had received secret information from its informer that one person namely Sunil Sharma, petitioner herein, who is dealing in the trade of medicines and is having a Shop on the Second Floor, Ram Gali, Bhagirath Palace, Delhi was going to come to his shop between 2:00 P.M. to 3:00 P.M. with a consignment of Ephedrine. The said Sunil Sharma is into the illegal trading business of Ephedrine. Consequently, on the instructions of the superior officers, a raiding party was constituted consisting of SI Sanjay Kumar, HC Rohtash, HC Shiv Charan, Ct. Ravinder and Ct. Jitender, of Spl. Team Crime. At 1:15 P.M, the raiding party had left from Crime Branch office, Prashant Vihar, Delhi on a vehicle with IO Bag, Field Testing Kit and weighing machine and had reached at the spot, as told by the secret informer, on 30.05.2015 at around 2:20 P.M. and had laid the trap. At around 2:35 P.M., a person wearing white shirt and brown pant carrying in his hand 'a black coloured polythene bag' came and tried to climb the stairs of the building. He was identified by the secret informer to be Sunil Sharma, the petitioner herein, and was carrying Ephedrine with him. At about 2:37 P.M., when the said person was about to enter his shop, he was apprehended by the police and the black polythene bag was taken in custody and upon interrogation the said person revealed his name to be Sunil Sharma, R/o C- 3/57, Ashok Vihar-II, Delhi.
(3.)It is further the case of the prosecution that the material carried by Sunil Sharma in the black polythene bag was checked by the raiding party on the Field Testing Kit and after having found Ephedrine, weighing around 10.2 Kg, it was confiscated and thereafter the raiding party withdrew from the said material two samples of 250 gms. each. At around 6:40 P.M., the information of seizure of Ephedrine by the raiding party along with the copy of the seizure memo was sent to the S.H.O. / Crime Branch for the registration of the case and a request was made to depute another officer for investigation. At about 8.05 P.M the information was received at the Police Station Crime branch, Delhi and consequent to that an F.I.R bearing no. 82/2015, was registered by the police of Police Station Crime Branch, Delhi. SI Dinesh Kumar took over the investigation from SI Sanjay Kumar to conduct further investigation in this case. SI Dinesh Kumar after reaching the spot made inquiries from SI Sanjay Kumar and on his instance, prepared a 'Site Plan' on the spot and had recorded statement of HC Shiv Charan after making inquiries from him. SI Dinesh Kumar, after reaching the spot, made inquiries from Sunil Sharma, (petitioner herein) at about 2:30 A.M. The petitioner was arrested and remained in detention of the police at Police Station Crime Branch at Bhagirath Palace, Chandni Chowk, Delhi from 2:37 p.m. of 30.05.2015 up till 2:30 a.m. of 31.05. 2015, the place where the business establishment of the petitioner was situated. It is also the case of the prosecution that the intimation of arrest was given to the son of the petitioner.