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2011 Supreme(UK) 353

R.M.LODHA, AFTAB ALAM
SENIOR INTELLIGENCE OFFICER – Appellant
Versus
JUGAL KISHORE SAMRA – Respondent


Advocates:
Appearances : Mr. Mohan Jain, ASG, Mr. T.R. Andhyarujina, Mr. K.T.S. Tulsi, Sr. Advs., Mr. Soumik Ghosal, Mr. D.K. Thakur, Mr. Deepak Jain, Mr. N. Patil, Mr. M. Chatterji, Mr. B. Krishna Prasad, Mr. Gaurave Bhargava, Mr. Maheen Pradhan, Mr. Niraj Gupta, Advs., with them for the appearing parties.

JUDGMENT

Aftab Alam, J. — Leave granted.

2. This appeal is directed against the judgment and order of the Andhra Pradesh High Court dated March 22, 2007 in Crl. R.C. No. 300 of 2007 by which the High Court dismissed the criminal revision filed by the appellant and affirmed the order of the Metropolitan Sessions Judge dated December 15, 2006, directing that any interrogation of the respondent may be held only in the presence of this advocate.

3. The facts and circumstances in which this appeal arises need to be noticed first. On July 20, 2006, the officers of the Directorate of Revenue Intelligence (for short “DRI”) Hyderabad, raided the premises of M/s. Hy-Gro Chemicals Pharmatek Private Ltd. and found a shortage of 250 kgs of Dextropropoxyphene Hydrochloride (DPP HCL). DPP HCL is a manufactured narcotic drug as specified in Government of India’s notification S.O. 826(E), dated November 14, 1985, at Serial No. 87.

4. C.K. Bishnoi (accused no. 1) and P.V. Satyanarayana Raju (accused no. 2), the Managing Director and the Production Manager, respectively, of M/s. Hy-Gro Chemicals Pharmatek Private Ltd., admitted that the drug was clandestinely cleared to M/s. J.K. Pharma Agencies, New
















































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