NARCOTICS CONTROL BUREAU Vs. PRAVEEN DUA

JUDGEMENT

(1.) THE Narcotics Control Bureau ('NCB') seeks leave to appeal against the judgment dated 3rd November 2012 passed by the Special Judge, NDPS, Patiala House Courts, New Delhi in SC No. 165 of 2008 acquitting the Respondents of the offences under Sections 21, 22, 23 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').

(2.) THE case of the prosecution was that information had been received from the DEA, United States of America that one Dr. Brij Bhushan Bansal (Respondent No.3 herein), resident of Kamla Nagar, Agra was indulging in large scale smuggling of prescription drugs falling under the category of Narcotic Drugs and Psychotropic Substances to US and other countries. On the basis of the said information, the Zonal Director, NCB prepared a report and constituted teams from the Delhi Zonal Unit ('DZU') for searches at the residence/godown premises of Dr. Bansal at three locations in Agra and at one location in Delhi i.e. at the godown/premises of one Praveen Dua (Respondent No.1), an alleged associate of Dr. Bansal. For raiding the premises of Respondent No.1 at East of Kailash, New Delhi on 19th April 2005, Mr. R.R. Kumar, Superintendent, DZU issued a search authorisation in favour of the Investigating Officer ('IO') Mr. Manoj Kumar Aggarwal.

(3.) UPON service of summons under Section 67 of NDPS Act, Respondent No.1 is supposed to have made a voluntary statement admitting the possession of the drugs. He is supposed to have disclosed that the seized material belongs to Respondent No.3 and that they were to be sent abroad through his courier agency. Further, he is supposed to have disclosed that Respondent No.3 used to send consignments of medicines in cartons to him through one Mr. Raj Kumar Chauhan of AV Xpress Courier of Agra, which he used to receive personally around midnight. Respondent No.1 admitted to receiving Rs.65 lakhs as his service charges from Dr. Bansal by way of 13 self -cheques out of which he got 8 cheques amounting to Rs.40 lakhs encashed and the remaining 5 cheques of Rs.25 lakhs were lying with his friend Punit Ahuja. On the basis of the above statement, Respondent No.1 was arrested.