Order 12

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF ASJ/SPECIAL JUDGE/NDPS
PATIALA HOUSE COURTS, NEW DELHI
Presided by: Sudhir Kumar Sirohi, DHJS
SC No. 57/2023
NCB Vs. Nursheid Mansuri @ Vishal & Ors.
27.01.2025
ORDER ON CHARGE
Present: Sh P C Aggarwal, Ld. SPP for NCB with IO of the case
in person.
All accused are not produced from JC due to Republic
day arrangements.
Mr Vivek Kumar Singh, Ld counsel for accused
Nursheid Mansuri @ Vishal.
Brief facts of the case are that on the basis of informally,
a parcel containing 174gm of Methamphetamine was intercepted and
same was booked by accused Nursheid Mansuri @ Vishal, the sender
of parcel was named as Anusaya Manohar Singh, the parcel was
destined to Australia, thereafter the accused Nursheid Mansuri @
Vishal was apprehended and on the basis of disclosure of accused
Nursheid Mansuri @ Vishal, another parcel was also intercepted
containing 283gm of Methamphetamine destined to New Zealand. The
accused Nursheid Mansuri @ Vishal disclosed that parcel was given
by accused Rahish Nadiar Ali Shah @ Rahis Nadir Ali Shah @ Akash.
Further, as per complaint, the sister of accused Nursheid Mansuri @
Vishal namely Ms Sahira Khatoon was involved, who is also a
member of drug syndicate and received the amount from accused
Rahish Nadiar Ali Shah @ Rahis Nadir Ali Shah @ Akash for booking
the parcel.
Ld SPP for NCB argued that all the three accused
persons are involved in conspiracy of sending two parcels containing
174gm and 283gm of Methamphetamine out of India therefore the
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charge u/s 22 (c) r/w section 29 NDPS Act and 23 (c) r/w section 29
NDPS Act may be framed against the accused persons.
Ld counsel for accused Rahish Nadiar Ali Shah @ Rahis
Nadir Ali Shah @ Akash argued that there is no recovery from the
accused and the accused is nowhere connected to alleged recovery,
therefore, prays for discharge of accused.
Ld counsel for accused Nursheid Mansuri @ Vishal
argued that accused was not aware of the contents of parcel,
therefore, the possession and knowledge of contra-band cannot be
attributed to the accused and prays for discharge of accused.
Ld counsel for accused Sahira Khatoon argued that no
recovery has been effected from accused and only on the basis of UPI
transaction, she cannot become a part of conspiracy therefore
discharge of accused.
Submissions of all parties heard.
Accused Nursheid Mansuri @ Vishal himself booked
both the parcels from whom there is recovery of 174gm of
Methamphetamine and 283gm of Methamphetamine, though Mr
Sanjay Kumar Panda who booked the parcel and his statement is on
record. There is recording of the accused Nursheid Mansuri @ Vishal
with Rahish Nadiar Ali Shah @ Rahis Nadir Ali Shah @ Akash in
which accused Rahish Nadiar Ali Shah @ Rahis Nadir Ali Shah @
Akash is stating accused Nursheid Mansuri @ Vishal to move secretly
after getting the parcel from other person and not to have conveyance
in front of that person. The second parcel was recovered on the
disclosure of accused Nursheid Mansuri @ Vishal. It was disclosed by
accused Nursheid Mansuri @ Vishal that accused Rahish Nadiar Ali
Shah @ Rahis Nadir Ali Shah @ Akash provided the contraband and
there are financial transactions between the accused Rahish Nadiar Ali
Shah @ Rahis Nadir Ali Shah @ Akash and accused Sahira Khatoon
on 13.08.2022 i.e. before booking of parcel on 18.08.2024 and even
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the booking clerk Mr Panchanan had stated that the details of both the
parcels with address and name of consignor/consignee was sent by
accused Rahish Nadiar Ali Shah @ Rahis Nadir Ali Shah @ Akash.
There is financial transaction from UPI of accused Rahish Nadiar Ali
Shah @ Rahis Nadir Ali Shah @ Akash in the account of accused
Sahira Khatoon on 13.08.2022 i.e. 04 transactions of Rs 1/-, Rs
5000/-, Rs 5000/- and Rs 2860/-, the first parcel was recovered on
18.08.2022 and there is no explanation of accused Sahira Khatoon
why she received the amount from accused Rahish Nadiar Ali Shah @
Rahis Nadir Ali Shah @ Akash, the number 9769652754 is registered
in the name of accused Rahish Nadiar Ali Shah @ Rahis Nadir Ali
Shah @ Akash from which the UPI transactions were made in the
account of accused Sahira Khatoon, therefore, there is prima facie
sufficient material on record to frame charge for conspiracy of sending
the psychotropic substance i.e. Methamphetamine out of India against
the accused Nursheid Mansuri @ Vishal, Sahira Khatoon and Rahish
Nadiar Ali Shah @ Rahis Nadir Ali Shah @ Akash u/s 22 (c) r/w
section 29 NDPS Act and 23 (c) r/w section 29 NDPS Act.
Production warrants be issued against accused persons
for the next date of hearing.
List for framing of formal charge on 27.02.2025.
(Sudhir Kumar Sirohi)
ASJ/Spl. Judge, NDPS/N. Delhi
27.01.2025
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