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N.ANANDA
Inspector of Customs Preventive Unit – Appellant
Versus
Betrand Tochukwa Ikwuka – Respondent


Counsel for the Parties:
For the Petitioner:Sri Urval N. Ramanand, Advocate.
For the Respondent:M/s. Amar Correa Associates, Advocates.

ORDER

N. Ananda, J.— The respondent is arrayed as accused 1(hereinafter referred to as ‘accused 1’) in Special CC No.165 of 2009, on the file of XXXIII Additional City Civil and Sessions Court and Special Court for NDPS Cases at Bangalore, pending trial for offences punishable under Sections 21, 23, 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the Act’).

2. As per the complaint filed and annexed documents by Inspector of Customs, HQRs, Preventive Unit, Bangalore (for short, ‘complainant’) accused 1 and 2 were caught red-handed by the Inspector of Customs on 20.2.2009 when they were booking four courier parcels to Netherlands, Spain and United Kingdom, in which heroin had been concealed.

The gist of the complaint as stated in the impugned order is as follows.

“On 20.2.2009 G. Chetan, Inspector of Customs, HPU, Bangalore on the gathered intelligence goes to M/s. Blue Dart Express, 6/1, 60 feet road, 6th Block, 5th Cross, Koramangala, Bangalore-95 and therein accused 1-Betrand Tochukwu and (accused 2Ms. Daphira Wallang have booked four shipments to Netherlands, Spain and United Kingdom and got prepared four airway bills with four cash memos d

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