The main legal point established in the judgment is the requirement of 'grave suspicion' for framing charges, emphasizing the need for admissible evidence to establish a prima facie case against the accused.

JUDGMENT :

[Amit Sharma, J.]

1. The present revision petition has been filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) assailing the order dated 22.10.2018 passed by Shri Jitendra Kumar Mishra, Special Judge (NDPS) North, Rohini Courts, Delhi in SC No. 59403/16, titled State v. Shyam Gupta etc., whereby the learned Special Judge framed charges for offences under Sections 21, 22 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’) qua petitioner no. 1, Shyam Gupta; under Sections 22 and 29 of the NDPS Act qua petitioner no. 2, Saurabh Kumar Yadav and under Section 29 of the NDPS Act qua petitioner no. 3, Ninu Chaudhary.

2. Briefly stated, the facts relevant for adjudication of the present revision petition are as follows:

(i) On 18.09.2016, the Special Task Force, Crime Brach, Delhi (hereinafter referred to as ‘STF’) received information that one, Shyam Gupta, who is a resident of Bareily, Uttar Pradesh is engaged in supply of heroin, mixed with alprazolam, caffeine and paracetamol and that he is arriving in Delhi to collect a supply of alprazolam.

(ii) On the basis of the said information, a team of STF reached at Ram Murti Passi Marg, Rohini, Delhi at about 09:25 AM. The secret informer asked the team to stop the vehicle and from inside the vehicle, he pointed out two persons talking with each other as Shyam Gupta and Saurabh Kumar, standing near a black Hyundai Creta car, which was parked at a distance of 25-30 meters away from there. It is further alleged that in the meantime, Saurabh Kumar handed over a black bag to Shyam Gupta and Shyam Gupta handed over one polythene packet to Saurabh Kumar. They were apprehended immediately at about 09:30 AM, who after interrogation disclosed their names as Shyam Gupta and Saurabh Kumar. They were served with a notice under Section 50 of the NDPS Act. The Sub-Inspector (hereinafter referred to as ‘SI’) searched Shyam Gupta and recovered one transparent polythene bag from the right-side pocket of his pant containing a brown colored substance, which was tested with a field testing kit and was found to be heroin. Two other polythene bags were recovered containing a white colored powder weighing 5 kg each. The said white colored powder was described by Shyam Gupta as alprazolam.

(iii) During the search, a packet containing Rs. 1,00,000 (Rupees One Lakh) was recovered from co-accused Saurabh Kumar. No incriminating substance was recovered from the search of the Hyundai Creta car. It is the case of the prosecution that the petitioner no. 1 Shyam Gupta admitted the possession and recovery of 100 gm of heroin and 10 kg alprazolam and co-accused Saurabh Kumar also admitted his involvement.

(iv) It is the case of the prosecution that petitioner no. 1, Shyam Gupta disclosed that he had collected the recovered alprazolam from petitioner no. 2, Saurabh Kumar, at the instance of one Ms. Ninu Chaudhay and after mixing it with other chemicals, he was preparing heroin which he would then pass on to George, one foreign national. During investigation, he also disclosed details about his apprehension on an earlier occasion.

(v) The respondent has placed on record, a status report dated 13.09.2019, wherein it has been stated that petitioner no. 1, Shyam Gupta disclosed that he used various mobile numbers including 7055268256, 7455081352, 7417723957 & 7458926490 etc. to contact petitioner no. 3, Ninu Chaudhary and get substances from her. He further disclosed that Ninu Chaudhary used various telephone numbers, including 8447415892 and 9205602671.

(vi) It has been further stated that during further interrogation, petitioner no. 2, Saurabh Kumar disclosed that petitioner no. 3, Ninu Chaudhary contacted him on his telephone numbers 9871541449, 9711839923, 9599275745 and 9205602672 from her telephone numbers 8930648891, 83966853299, 8571971440, 9205602671 and 9599300491. It is the case of the p