DELHI HIGH COURT
S.P.GARG
Narcotics Control Bureau – Appellant
Versus
Gurnam Singh – Respondent
S.P. Garg, J. (Open Court)--Narcotics Control Bureau (the petitioner) has filed Criminal Leave Petition to challenge a judgment dated 30.08.2011 of learned Special Judge, NDPS, New Delhi by which the respondents-Gurnam Singh and N.C.Chellathambi were acquitted of the charges. The leave petition is contested by the respondents. I have heard the learned counsel for the parties and have examined the record. Allegations against the respondents were that on or before 27.01.2003, they entered into criminal conspiracy with Lal Man Pua (Chinese national), Gurbachan Singh, Devinder Singh and Shekhar (not arrested) to illegally acquire, possess and deal with controlled substance. On 27.01.2003, the Philippine Drug Enforcement Agency (in short PDEA) seized one ton of Ephedrine, a controlled substance, which was exported by the respondents in furtherance of criminal conspiracy from India to Manila, Philippine. During the course of investigation both the respondents were arrested and their statements under Section 67 of NDPS Act were recorded. It transpired that the Ephedrine was consigned to Philippine through M/s. Gray Fox Inc., RZ-F-208, Nihal Vihar, Sayad Nangloi, New Delhi to M/s.
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