Criminal Writ Petition Nos. 282 and 117 of 2016. Case: Kaluram Chaudhary and Ors. Vs Union of India and Ors.. High Court of Bombay (India)
| Case Number | Criminal Writ Petition Nos. 282 and 117 of 2016 |
| Counsel | For Appellant: A.G. Lalla I/b., Lalla & Lalla and For Respondents: Rebecca Gonsalves, Adv. |
| Judges | R. V. More and S. C. Gupte, JJ. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 233, 482; Constitution of India - Article 226; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 22, 22(c), 29, 50, 67, 8(c) |
| Judgement Date | April 04, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
S. C. Gupte, J.
-
Criminal Writ Petition No. 282 of 2016 is filed by the Petitioner Kaluram Chaudhary ("Petitioner") under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973. It seeks transfer of investigations in an NDPS Remand Application pending on the file of Special Judge appointed under NDPS Act, 1985 to the Central Bureau of Investigations ('C.B.I.') or other Central Government Agency to whom the present investigating officer, namely, Intelligence Officer, Narcotic Control Bureau is sub-ordinate. The Petitioner along with Respondent Nos. 2 to 4 is a co-accused in a criminal case pending before NDPS Special Judge under NDPS Act, 1985, for possession of contraband. Another Accused, Respondent No. 3 herein has filed the companion writ petition, namely, Criminal Writ Petition No. 117 of 2016, praying for similar relief in addition to quashing of the criminal prosecution.
-
The Petitioner alongwith Respondent Nos. 2 to 4 and one Jayantilal Kothari were arrested on 14 August 2015 by the Intelligence Officer, Narcotics Control Bureau ('NCB') and has been in custody since then. The investigation, which was in progress when the petition was filed, has since been completed. On 2 February 2016, the complaint was filed against the Petitioner and his co-accused under Section 29 read with Sections 22(c) and 8(c) of the NPDS Act and under Sections 22 read with Section 8(c) of that act and numbered as NDPS Special Case No. 28 of 2016.
-
The Prosecution case is that on 13 August 2015, based on information received by the NCB, a raid was conducted near a jewellers' shop, Kothari & Sons Jewellers, at the junction of J.P. Road and S.V. Road in Andheri (West), Mumbai. The officers of NCB intercepted four accused, i.e. Respondent Nos. 2 to 4 herein along with one Jayantilal Kothari (since deceased) and recovered 2.5 kgs. of Mephedrone from them. Subsequently, in a follow-up action, one residential premises, Flat No. 202, B-Wing, Vishal Residency, Near GCC Club, Mira Road (East), Thane was searched and 11.8 kgs. of Mephedrone was recovered from the possession of the Petitioner. After recording the statements of all accused, i.e. the Petitioner and Respondent Nos. 2 to 4 and Jayantilal Kothari under Section 67 of the NDPS Act, wherein they narrated their role in the conspiracy in procurement, possession, concealment, sale and transportation of the contraband, Mephedrone, all were placed under arrest under the provisions of the NDPS Act, 1985.
-
The grievance of the Petitioner is that the entire prosecution case filed against him and his co-accused is completely false and untrue. Both seizure panchanamas, namely, at the junction of J.P. Road and S.V. Road at Andheri (West) and at the residential flat at Mira Road (East), are false and fabricated. It is the Petitioner's case that on 13 August 2015, he was at the plant of H.K. Global at Mira Road, where he conducts business as a partner of H.K. Global. About 8-10 persons, who he later learnt were officials from NCB, came in a private Innova taxi to the plant of H.K. Global and after some initial talk, picked up the Petitioner in the presence of his employees and bundled him...
To continue reading
Request your trial