TaxTMI 
TaxTMI 
TaxTMI 
2020 (4) TMI 2
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....legedly attempted to export or transship out of India a consignment having concealed therein 151.98 kgs of Ketamine, a psychotropic substance included in the schedule of the NDPS Act, 1985 which consignment was scheduled to be exported on 18.07.2012 to Khairol Nizam Hasim, Penang, Malaysia under AWB No.618-28211901 dated 16.07.2017 and shipping bill No. 9880760 dated 17.07.2012 in the name of M/s Sagar Impex, 2533-18, 2nd Floor, Gali Laltain Wali, Naya Bazar, New Delhi (IEC Code No.0509044794), with allegations also against the petitioner herein of having been found in possession of 200 kgs of Ketamine in different solutions of rose water and liquid glucose etc illegally which was recovered on 19.07.2012 from his godown premises at Khasra No.755/2/1, Mundka Village, Delhi; and of having been found in possession of 25.5 gms of Ephedrine Hydrochloride; and 24.5 gms of Psedoephedrine Hydrochloride; and 215 gms more of Ephedrine Hydrochloride which were recovered on 19.07.2012 from two other premises i.e. the residential premises at G-48, Mansarovar Garden, New Delhi, the office godown premises at G-41 (basement), Bali Nagar, New Delhi both of which substances are declared to be contro....
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...., New Delhi and at Khasra No. 755/2/1 at Mundka Village, Delhi were also raided and from the first godown also 215 Grams of white colour crystalline powder and further a cash amount of Rs. 3,50,000/- (three lacs and fifty thousand) were recovered and from the second godown, some solutions of rose water, liquid glucose etc. with suspected Ketamine v/eighing around 200 KG dissolved therein were recovered, with drums of refined glycerine, Ethyle Acetate etc. 5. During the tests conducted by the CRCL, New Delhi, subsequently, the samples taken out of the above seizure effected from the Airport, Cargo Complex have been found positive for Ketamine Hydrochloride, the samples taken from the white crystalline powder recovered from the two bags from the residence of applicant/accused at Man Sarovar Garden have been found positive for Ephedrine Hydrochloride and Pseudoephedrine Hydrochloride, the samples taken from the first godown of the applicant/accused have also been found positive for Ephedrine Hydrochloride and the samples taken from the above rose water solutions etc. found in the second godown of the applicant/accused have also been found positive for Ketamine Hydrochloride. 6. Ke....
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....minal conspiracy. The subsequent recovery of 200 Kg of Ketamine Hydrochloride in dissolved form from the second godown in Mundka village of the accused Paramjeet Singh Gulati, the recovery of 25.5 Gms of Ephedrine Hydrochloride from the residential premises of accused Paramjeet Singh Gulati at Mansarovar Garden and further recovery of 215 Gms of the same substance from his office/godown premises in Bali Nagar and also the recovery of 24.5 Gms of Pseudoephedrine Hydrochloride from his above residential premises at Mansarovar Garden are also to be viewed with reference to the above criminal conspiracy, in pursuance of which the above prohibited substances were being possessed by the accused Paramjeet Singh Gulati." 3. The complaint filed by the DRI i.e. the respondent under Section 22(c), 23, 27(A) & 29 of the NDPS Act, 1985 dated 17.09.2012 states inter alia to the effect that during the course of the investigation in relation to a case of export of contrabands to various countries by the applicant and his alleged key associate Atul Kumar Aggarwal also charged vide order dated 05.11.2014 during the course of investigation on searches having been conducted at various premises on 18/....
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....ls of the DRI on 19.07.2012 which he submits has already been retracted by him on the first opportunity available to him and that the petitioner vide application dated 04.08.2012 had apprised the Court that he had been kept in illegal custody from 18.07.2012 to 20.07.2012 and was subjected to mental and physical torture and made to sign blank papers by the DRI officials. 6. Inter alia the petitioner submits that though the prosecution version is to the effect that the recovery of 25.5 gms of Ephedrine Hydrochloride , 24.5 gms of Psedoephedrine Hydrochloride, 215 gms of white coloured crystalline Ketamine dissolved in different solutions of rose water and liquid glucose etc and drums of refined glycerine ethyl acetate from his premises were recovered on 19.07.2012 at about 7.30 hours, assuming that they were so recovered, without admitting the same from the premises of the applicant, the applicant ought to have been arrested on 19.07.2012 itself but as per the prosecution version, the Investigation Officer did not arrest the applicant till 20.07.2012 which itself was an indicator that no contraband had been recovered from the premises of the petitioner. 7. Inter alia it has been s....
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....t him and there is no document placed on record by the DRI, the respondent to even remotely suggest that the seized consignment shipment bill No.9880760 dated 17.07.2012 in AWB No.618-2811901 dated 16.07.2017 allegedly seized at the air cargo complex, IGI Airport on 19.07.2012 was given for export or booked by the petitioner, in as much as, the petitioner was neither the consigner nor consignee of the alleged consignment and was not allotted any IEC Code which was mandatorily to be given to an exporter for sending the consignment booked and that the petitioner has nothing to do with these consignments and has no connection with them at all. 11. The petitioner has further submitted that there was no contraband recovered from his residential premises nor from his godown nor was any corroborative evidence collected by the DRI to indicate that Paramjit Singh son of Sh. Gurjit Singh was an employee of the petitioner and that there was nothing on record to suggest that at the given time, the salary of Paramjit Singh was paid by the petitioner in cash paid from his bank account. The applicant submits that in as much as nothing has been recovered or discovered at the instance of the petit....
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....ession of Mundka godown was with namesake of the Applicant called Chotu @ Paramjit. Chotu's name figures throughout- See Complaint (Page 36 & 42), Charge (Page 82), Statement of PW-1 Manoj Thakur (Page 124), Statement of PW-32 (Page 197, 198, 205 & 207). Ld. Trial Court wrongly records that Landlord introduced Chotu (Page 78). Rent Agreement of Mundka is in name of Chotu but he has not been arrested so far (Page 53). Recovery at the IGI Airport, New Delhi, and the shipment concerning supplementary complaint 151.980 Kgs of Ketamine in the export consignment attempted to be exported by M/s. Sagar Impex. Not even single evidence against the applicant, all evidence against the coaccused Atul Aggarwal. 1. Co-accused Atul Aggarwal admits to forging documents of Sagar Impex (See Page 43 of Petition); 2. Parvez Ansari names Atul Aggarwal (See Page 49 of the Petition); 3. Raju Gupta names Atul Aggarwal, connects Atul to M/s. Sagar Impex, all payments made by Atul (See Page 50 & 51 of the Petition). 13. The applicant thus submits that apart from his confessional statement made whilst in custody and statement of the co-accused both of which are inadmissible in evi....
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....e help of one employee namely Chotu mixed this Ketamine in rose water. Inter alia the respondent has submitted that the voluntary statement dated 20.07.2012 made by the petitioner was written in his own handwriting which was made by him in a leisurely manner and a non-compelling environment and that the medical report of the accused did not indicate any injuries on his body which itself was an indicator that there was no use of force in obtaining the statement of the petitioner. 17. The DRI i.e. the respondent has thus submitted that the consignment of Ketamine seized from Air Cargo Complex, the recovery of contraband from the residential premises of the petitioner at G-48, Mansarovar Garden, New Delhi, the recovery of Ketamine dissolved in rose water from his godown at 755/2/1 Mundka Village, New Delhi belonging to the petitioner suffice to corroborate the secret information received and the recovery effected from the petitioner. The respondent has further submitted that the petitioner was operating email ID [email protected] as admitted by the petitioner in his statement dated 20.07.2012 and another email ID was operated upon by the petitioner was [email protected] and tha....
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....ficking of Ketamine and other contraband substance and that Mr. Paramjit Singh @ Chhotu used to deliver the procured substances to Shri Atul Agarwal and was actively involved in concealing pouches and mixing Ketamine with different solvents. 20. Inter alia the respondent has stated that the admission regarding export of consignment through various CHAs by using the IEC of other firms was corroborated by Parvez Ansari, Arunesh Pagore, Shobhit Jain and Nishant Kumar. Inter alia the respondent has submitted that the petitioner was summoned on 19.07.2012 and was not detained illegally and it was only after his statement on 19.07.2012 and 20.07.2012 after his admission of the commission of the crime that he was arrested on 20.07.2012, inter alia the respondent has submitted that the petitioner has always been provided the best treatment at AIIMS and that there is no delay also in conducting of the trial. 21. Through the rejoinder that has been submitted to the written submissions of the respondent, the petitioner has submitted that though the matter was listed on day to day basis for the trial in April 2019, only 37 witnesses had been examined out of the cited 83 witnesses. The petiti....
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....ing the month of Feb-March-2012 that Mr.Atul Aggarwal will be approaching me for clearance of his export consignment. On being asked I state that prior to the consignment for export pertaining to S/Bill no. 9880760 dated 17.07.2012 of M/s Sagar Impex I had billed two more S/bills in respect of export consignment of Sh. Atul Aggawal in the name of M/s Seventy Four Exim S/Bill No. 8949561, Invoice No.0064/2012 dated 18.05.2012 and M/s Marshneil Garment Export S/Bill No. 885802 invoice No. 0058/2012 dated 11.05.2012. On being asked I state that I never verified the details of the exporter for whom I had filled and processed export documents for clearance with customs. Today I have been shown statement dated 20.07.2012 of Mr.Atul Kumar Aggarwal I have gone through the same and in token of agreeing with the contents of the same I put my dated signature on the last page of the statement. Today I have been shown the statement of Sh. Arunesh Pagore recorded on 23.07.2012 I have gone through the same and I agree to the contents and facts mentioned therein. I have put my dated signature on the last page of the statement in token of acceptance of the facts mentioned therein." 24. Rel....
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....ernment may, during the course of any enquiry in connection with the contravention of any provisions of this Act,- (a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder; (b) require any person to produce or deliver any document or thing useful or relevant to the enquiry; (c) examine any person acquainted with the facts and circumstances of the case.", is taken into account despite the petitioner having retracted from the same on 04.12.2017. 28. On a consideration of the submissions that have been made on behalf of either side, without any observations on the merits or demerits of the trial in progress, it is essential to observe that even if the recoveries in relation to 25.5 gms of Ephedrine Hydrochloride; and 24.5 gms of Psedoephedrine Hydrochloride and 215 gms of Ketamine demonstrated to be Ephedrine Hydrochloride, may not be falling within any specified commercial quantity to attract the bar of Section 37 of the NDPS Act, 1985, it cannot be overlooked that the statement of the landlord Sh. Jaspal Singh PW-32 of the godown situated at Khas....