Interim Order 9

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. 371/2022
NCB Vs. Lydes Mbulo
10.11.2022
Present: Sh P C Aggarwal, Ld. SPP for NCB along with JIO
Jameel Saifi.
Accused produced from JC.
Sh Manoj Kumar, Ld LAC for accused
Dr Prem Kumar, Sr CMO, Safdarjung hospital in
person.
An application has been filed to bring additional
documents and list of witnesses on record. Application perused.
Submissions heard and allowed.
This complaint has been filed by a public servant Sh.
Harender Dagar, JIO in discharge of his duties. He has moved an
application for dispensing with his preliminary examination and
for his exemption from personal appearance for future dates on
the ground that he remains busy in official duties and it is not
possible for him to attend the court on each and every date of
hearing and that he be therefore allowed to be represented
through the Special PP. In view of the submissions made, the
preliminary examination of the complainant is dispensed with
and he is exempted from personal appearance during trial.
Perused the complaint.
It has been alleged in the complaint that on
17.02.2022 accused was intercepted at IGI Airport, New Delhi,
he was admitted in the hospital where he eased out 69 capsules
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containing 1.025kg heroin which he brought into India illegally
and violated the provisions of section 8, 21 (c), 23 (c) of NDPS
Act. Sample of the recovered substance was sent to laboratory
and opined positive for heroin. Besides that, incriminating
statement of accused was also recorded wherein he admitted
recovery of contra-band from his possession and illegal import of
the same in India.
In the considered opinion of this Court, the material
on record is sufficient to take cognizance of the offences
punishable U/s 8, 21 (c) & 23 (c) of NDPS Act.
Copy of complaint along with relevant document
supplied to accused in the court today.
List for scrutiny of document/arguments on charge
on 09.01.2023.
(Sudhir Kumar Sirohi)
ASJ/Spl. Judge, NDPS/ND
10.11.2022
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