IMPORTANT POINT
The limited scope of examining materials at the stage of framing charges and the need for a prima facie case to proceed with the trial.

JUDGMENT

Navin Chawla, J. (Oral)

CRL.M.A. 7488/2024 & CRL.M.A. 7489/2024

1. For the reasons stated in the applications, the delay in filing and re-filing the present petition are condoned.

2. The applications are disposed of.

CRL.REV.P. 328/2024

3. This petition has been filed under Section 397 of the Code of Criminal Procedure, 1973 (in short, `Cr.P.C.') read with Sections 401 and 482 of the Cr.P.C., challenging the order dated 29.05.2023 passed by the learned Special Judge (NDPS Act), Saket, New Delhi in SC Case No.370/2022, titled Directorate of Revenue Intelligence (DRI) v. Nitish Kumar & Ors., directing framing of charges under Sections 29/23 read with Section 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, `NDPS Act') against the petitioners herein.

4. It is the case of the prosecution that on 16.02.2022 at 9:00 AM, an information was received that four containers containing goods declared to be Rock Salt Powder, were imported vide Bill of Lading JEA/NSA/7065 dated 01.01.2022 by a Delhi based importer and that the said containers were presently lying at ICD Tughlakabad, New Delhi. It was informed that these containers contained the contraband goods in a concealed manner. Based on the said information, the containers were physically examined and on inspection it was revealed that a total of 982 bags (1000 bags were declared in the Bill of Lading) were found containing heroin weighing 34.7 kgs in total. Out of the 4 containers examined, heroin was found in only one container, wherein two bags of off-white colour HDPE having mark A and B were found. It was further revealed on investigation that the said goods were sent under the consignment by one M/s Lotus Dariya Bandar Shipping Services Company Ltd. Iran in the name of M/s Hamid Karimi through one M/s RDS Shipping Company, Iran. The shipper was Hamid Karimi, Iran and the consignee was M/s Abetar Healthcare Pvt. Ltd. New Delhi.

5. The prosecution further alleges that one Mr. Nitish Kumar is the proprietor of M/s Goodlife Global Pvt. Ltd. In his voluntarily statement, he stated that he was earlier working as a freelance real estate agent and it was the petitioner no.2 who suggested him to try the import and export business. It was on the advice of the petitioner no.2 that he rented out the premises from the petitioner no.1 and opened proprietorship in the name of M/s Goodlife Global, on 08.12.2020. He further stated that the petitioner no.2 was working for the firm named M/s Abetar Healthcare Pvt. Ltd. which was owned by Mr.Lalit Singh and Mr.Dev Singh Bisht, that is, the petitioner no.1 herein. He further disclosed about the involvement of the petitioners in the offences.

6. A fpre-alert email was sent by M/s RDS Shipping Company, Iran to M/s Abetar Healthcare Pvt. Ltd. through M/s Bilander Logistic Pvt. Ltd.. One of the directors of M/s Abetar Healthcare Pvt. Ltd., vide email dated 03.01.2022, informed M/s Bilander Logistic Pvt. Ltd. that the said consignment was not their purchase order. On this information, the booking agent initiated change of consignee from M/s Abetar Healthcare Pvt. Ltd. to M/s Goodlife Global New Delhi. The Bill of Lading was also revised and the consignee was changed to M/s Anglo Galleon International Shipping LLC Dubai. A new bill of lading was also prepared for the same consignment wherein the shipper was M/s Anglo Galleon International Shipping LLC Dubai and the consignee was M/s Goodlife Global New Delhi.

7. It is alleged that efforts were made by accused Mr.Nitish Kumar, Proprietor of M/s Goodlife Global, to get the consignment cleared, however, due to lack of proper documents, that is, the bill of entry not being submitted, the said shipment was intercepted.

8. The prosecution further alleges that the petitioner nos.1 and 2, in connivance with Abdul Nasir, had hatched a conspiracy to illegally smuggle heroin from Iran to India by disguising it as Rock Salt. It is alleged that the Import License held by M/s Abetar Healthcare Pvt