K.S.GUPTA, DEVENDER GUPTA
JAGDISH CHANDER SHARMA – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) CRL. Writ 835/97 under Article 226 of the Constitution of India read with Section 482, Cr. P. C. was filed by Jagdish Chander Sharma, inter alia, alleging that on 1st February, 1997 at about 2. 30 a. m. acting on the basis of specific intelligence about transportation of narcotics, the officers of DRI (Headquarters), New Delhi intercepted two trucks bearing registration Nos. HR-29a-0705 and DLIGA-9499 at Suraj Kund Road - Delhi Haryana border. At the time of interception truck No. HR-29a-0705 was occupied by Manoj Kumar @ Goldie, while truck No. DL-IGA-9499 by Jaspal Singh @ Jassa. Both these trucks were brought to I. P. Bhawan, I. P. Estate, New Delhi and search thereof resulted in recovery of 65. 765 kgs. of Heroin. In follow up action the house of petitioner who is alleged to be owner of truck No. HR-29a-0705, was searched on 1st February, 1997 itself but nothing incriminating was recovered therefrom. Statement of the petitioner under Section 67 of the NDPS Act was recorded wherein he is alleged to have confessed about the ownership of said truck and his having knowledge of the truck being loaded with packets containing Heroin. It is further alleged that the pet
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