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2020 Supreme(Del) 174
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANU MALHOTRA, J.
Paramjit Singh Gulati - Appellant
Versus
Directorate of Revenue Intelligence - Respondent
Bail.Appln. No.1541 of 2019
Decided On : 02-03-2020
Advocate Appeared:
For the Appellant :Mr. Siddharth Luthra, Sr. Advocate with Mr. Aadarsh Priyadarshi, Mr. Saurabh Verma, Dr. Shelly Sharma, Adocates.
For the Respondent:Mr. Satish Aggarwala, Sr. Standing Counsel with Mr. Akshay Saxena, Advocate.
The main legal point established in the judgment is the reliance on recovery of contraband substances, self-inculpatory statements, and witness testimony to establish the accused's involvement in the offenses under the NDPS Act, 1985.
Headnote:
NDPS Act - Bail Application - Sections 29, 28 r/w Sections 23 & 29 and Section 22 r/w Section 29 & 25A r/w Section 29 - Summary of Acts and Sections: The court discussed the provisions of the NDPS Act, 1985 including Section 9A, Section 21, Section 23, and Section 28, which deal with possession, dealing, and illegal import/export of narcotic drugs and psychotropic substances. The court also highlighted the punishable attempts to commit an offense under the NDPS Act.
Fact of the Case:
The applicant Paramjit Singh Gulati seeks bail for alleged offenses under the NDPS Act, 1985. He is accused of criminal conspiracy to deal, possess, and export narcotics and controlled substances illegally. The charges include possession of Ketamine, Ephedrine Hydrochloride, and Pseudoephedrine Hydrochloride, and attempting to export a consignment of Ketamine.
Finding of the Court:
The court found that the recovery of contraband substances and the petitioner's involvement in the export consignment indicated his guilt. The court rejected the petitioner's claim of illegal custody and torture, and found that the recovery and statements made by the petitioner implicated him in the offenses.
Issues: The issues included the legality of the petitioner's custody, the admissibility of his statements, and the ownership of the premises where contraband substances were recovered.
Ratio Decidendi: The court considered the recovery of contraband substances, the petitioner's statements, and the landlord's testimony to establish the petitioner's involvement in the offenses. The court also relied on the provisions of the NDPS Act to determine the legality of the petitioner's custody and the admissibility of his statements.
Final Decision: The court declined the petitioner's bail application, citing the recovery of contraband substances, the petitioner's self-inculpatory statement, and the landlord's testimony as evidence of his involvement in the offenses.
JUDGMENT :
ANU MALHOTRA, J.
1. The applicant Paramjit Singh Gulati in custody since 20.07.2012 for the alleged commission of the offences punishable under Sections 29, 28 r/w Sections 23 & 29 and Section 22 r/w Section 29 & 25A r/w Section 29 of the NDPS Act, 1985 with which he has been charged on 05.11.2014 seeks the grant of bail in terms of Section 439 of the Cr.P.C., 1973. The applicant is alleged to have been in criminal conspiracy with other persons named Atul Aggarwal, Vicky, Paramjit Singh @ Chotu, Pahalwan, Gaurav Ahlawat @ Rakoo and Gaurav Sharma (who have since not been arrested) to deal and possess and export various narcotics and psychotropic or controlled substances illegally out of India and in furtherance thereof allegedly 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 controlled substances under Section 9A of the NDPS Act, 1985 and that the petitioner was in possession of the said controlled substances in violation of the provisions of the NDPS Act, 1985.
2. The brief facts set forth through the order dated 27.05.2016 in the bail application of the present applicant as detailed by the then Special Judge, NDPS, South District Saket are to the effect:-
“3. The brief facts of the case are that while acting upon a secret intelligence regarding a Delhi based drug syndicate engaged in export of narcotic drugs by way of concealment thereof in some consignments, the DRI officers had seized a consignment of about 151.980 KG of white colour crystal powder from the area of Air Cargo Complex, IGl Airport, New Delhi on 18.07.2012. The above consignment of white colour crystal powder was being exported to Malaysia and it was contained in three cartons/boxes bearing no. 19, 20 and 21, which further contained 38 cloth bags each weighing around 1.02 KG, and was a part of a big consignment consisting of 24 such corrugated boxes/ cartons contained in three palets. The secret information was that a consignment of drugs is being exported by concealment thereof in various handicraft items like lady purse, henna powder and imitation jewellery etc, and the above seized cloth bags, i.e. 38 cloth bags each contained in the above three cartons, were found to be having the marking of Neha Rachni Mehandi.
4. The investigation had led the DRI team to the applicant/accused Paramjit Singh Gulati and Atul Agarwal (accused no. 2), as it was found that the above export consignment was being exported by the above applicant/accused, as per the shipping documents seized in this case, and accused Atul Aggarwal was acting as his agent in the export of the above consignment. The DRI officers had conducted simultaneous searches at various premises of both the accused and from the residential premises at G-48, Man Sarovar Garden, New De
