Full Text
*|NTHEHIGHcoURToFDELH|ATNEWDELHI
+ CRL.M.C. 30761201L
DIRECTORATE OF REVENUE INTELLIGENCE ..... PCtitiONCT
Through : Mr.Satish Aggarwala, Adv.
VCTSUS
STATE ..... ResPondent
Through : Ms.Ritu Gauba, APP o
% L4.O9.2O11
C rl. M .A. 108 8 5/2 O 11
Exemption is allowed subject to just exceptions.
Criminal M.A. stands disPosed of.
Crl. M. C.3O76/2O 11
1, Ld. counsel for the petitioner has drawn the attention of a the Court to the Arrest Memo, which is as under :
"Consequent to the recovery and seizure of
7.985 kgs heroin from a blue colour zipper suitcase of American Tourister brand which was recovered from the dickey of the Silver colour
Tata Indica car bearing registration No.DL-3CAX'
4435 in which Francis L. Hmar @ Muhammad
Rashid, and Sukleswar Basumatary were travelling, carrying and transporting the above said recovered and seized drugs on
02/03.06.2008 and on the basis of statement
2011:DHC:12515 o dated 03.06.2008 of Francis L. Hmar @
Muhammad Rashid tendered under Section 67 of the NDPS ACT, 7985, wherein he admitted the recovery of seized 1.985 kgs heroin from his possess ion supplied by Emmanuel and statement
'dated
23.72.2008 of Emmanuel Chilkezie R/o FIat
No.T-304, Hill View Apaftment, Mehrauli, New Delhi, permanent resident of House No.705, IJmuaka Imo State, Nigeria tendered under
Section 67 of the NDPS Act, 7985, wherein he admitted supply of said drugs to Francis L. Hmar
@ Muhammad Rashid and the investigation
Conducted so far, it has transpired that
Emmanuet Chitkezie was knowingly and willingly concerned in trafficking of the said heroin and thus, committed offences punishable under
Section 27, 23 and 29 of the NDPS Act, 7985' I, therefore, place Emmanuel Chilkezie under arrest in exercise of powers under section 42 of the Act, ibid at. .........."
ORDER
2. After recording the aforesaid arrest memo DR|/petitioner in order to serve the same to the said Emmanuel Chilkezie, moved an application before ld. Special Judge for NDPS Cases, Saket, New Delhi. tn the said application the petitioner had made the following Prayers: "So it is prayed that Shri Mahesh Kumar Yadav, tntelligence officer, Directorate of Revenue Intelligence may be permitted to serve the arrest memo upon Emmanuet chikezie in Tihar Jail, Delhi and theieafter he be directed to be produced before this Hon'ble court in the case relating to recovery and seizure of 7.985 kgs heroin. Any other order(s) as may be deemed fit and appropriate may also kindly be passed." o
3. Ld. Special Judge has passed order dated 08.09.2011 on the application and fixed the matter for the date already fixed i.e. 14.10.2011.
4. lt is further stated in the application that in another case vide order dated 03.09.2OLl passed by Special Jude, NDPS Cases, Saket, New Delhi, petitioner was directed to be released on bail.
5. Further submits that Emmanuel Chikezie continued to be in judicial custody in the aforesaid matter as he has not submitted his bond for release from jail.
6. lt is further submitted that the prosecuting authority was not aware of the particulars of Emmanuel chikezie, therefore, could not be examined under sectlon 67 0f NDPS Act at that point of time. However, in para No.(X) in the complaint, it has been specifically mentioned that his statement could not be recorded for want of complete particulars.
7. lt is further submitted by ld. counsel for the petitioner that in view of the involvement of Emmanuel Chikezie in the seizure of 1.985 kgs. of heroin, the department has decided to arrest him for offences punishable under Sections 2L, 23 and 29 of NDPS Act. 'j (. \ g. After considering the facts, and in the present circumstances, I am of the view that the trial court should have either, immediately issued the production warrant of the said person, or dismissed the application.
9. Therefore, in these circumstances, I set aside the order dated 08.09.}OIL passed by ld. trial judge and direct the Superintendent, Tihar jail to produce the aforesaid person who is already in jail in case of DRI Vs. Emmanuel Chilkezie on 16th September, 2011 before the ld.Special Judge, NDPS Cases, Saket, New Delhi.
10. Copy of this order be sent to Superintendent, Tihar Jail for compliance.
11. Ld. Special Judge shall take steps, thereafter, as per law. L[2]. Crl.M.C.3076l2OlI is allowed in the above terms.
13. Dasti under signature of Court Master to the counsel appearing for the Petitioner. suREsH KAIT,J SEPTEMBER L[4],?OLL vld l t