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2014 Supreme(Del) 3171

S.MURALIDHAR
Narcotics Control Bureau – Appellant
Versus
Anju Tiwari – Respondent


For the Petitioner:Mr. Rajesh Manchanda, Advocate.
For the Respondent:Mr. Sanjiv Kumar with Mr. S.K. Santoshi, Advocates.

JUDGMENT :

S. Muralidhar, J.:--

1. The Petitioner, Narcotics Control Bureau (“NCB”), seeks leave to appeal against the impugned judgment dated 13th January 2012 passed by the learned Special Judge – NDPS in Sessions Case No. 156 of 2008 acquitting the Respondents, Anju Tiwari and Rakeshnath Tiwari, for the offences under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

2. The case of the prosecution is that on 28th June 2008 Mr. R.R. Kumar, Superintendent, NCB, DZU (PW-1) received a secret information that Anju Tiwari, Accused No. 2 (A-2) (Respondent No. 1 herein) was indulging in trafficking of heroin and was receiving Afghan origin heroin from a Punjab based supplier and delivering it to Nigerians in Delhi. As per the information, A-2 was likely to supply huge quantity of heroin to one Nigerian lady near D-6, Kiran Garden, Main Matiala Road, Uttam Nagar on 28th June 2008 between 8 to 9 pm and that the contraband would be carried in one colour Indica car belonging to her associate Rakeshnath Tiwari, Accused No. 3 (A-3) [Respondent No. 2 herein].

3. Pursuant to the aforesaid information, PW-1 issued a search authorization on 28th June 2008 in


























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