2021 (3) TMI 739

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....secution as given in the Status Report is as under: "Based upon information received on 14-08-2020, a parcel bearing AWB No. 6098216305 lying at Sky Line Logistics, 71/3, Rama Road, Najafgarh Industrial Area, Delhi, which had been booked by one Lilesh Sen, Bhilwara, Rajasthan and destined to Deborah Wood, Adelaide, Australia, was examined. The said parcel was found to contain ladies clothes and 2 khaki colour cardboard and 24 plastic type envelopes. The 2 khaki cardboard contained 04 plastic packets, thereafter total 28 plastic packets were checked and were found to contain white powdery substance i.e. gave positive result for Pseudoephedrine. The total weight of substance was 3 Kgs.800 grams. During investigation, it revealed by Mr. Vi....

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....r statement of Lilesh Sen dated 28-9-2020, he had identified Manoj Gupta as the person who was present at Hotel Ashirvad and had taken his ID documents. Even owner of Tracon Courier in his statement dated 28-9-2020 also identified accused Manoj Gupta as the person who had come to book the said parcel "(AWB 6098216305)." 3. Mr. Ramneek Mishra, learned counsel for the petitioner contends that Pseudoephedrine is only a controlled commodity and therefore the rigor of Section 37 NDPS Act does not apply to the facts of this case. He contends that the only evidence against the petitioner are the statements given by Lilesh Sen and Vinod Singh which are not admissible in view of the judgement of Tofan Singh v. State of Tamil Nadu, (2013) 16 SCC 31.....