Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: SC No. 106/25
State Vs. Sahab Singh & Anr.
FIR No. 162/24
PS Crime Branch
17.02.2025
Fresh charge-sheet received by way of assignment.
Present : Dr. Raj Rani, Ld. Addl. PP for State.
Accused Sahab Singh and Pradeep Kumar are stated
to be in JC.
IO ASI Virender is present with case file.
Chargesheet has been filed under section 20/25/29 of
NDPS Act against accused Sahab Singh and Pradeep Kumar as
they were found in possession of commercial quantity of ganja to
the tune of 120 kg as same was concealed in a cavity of truck
bearing registration no. HR-67B-7524. IO has kept Smt. Bhateri
Devi in column no. 12 as an accused and she has not been
chargesheeted for want of evidence. It is a matter of record that
the abovementioned vehicle was registered in the name of person
namely Shokeen S/o Islam. When notice under section 133 MV
Act was served upon Shokeen, he replied that he had sold the
vehicle to Smt. Bhateri Devi vide notarized document dated
11.02.2023. The photocopy of the notarized agreement is placed
on record. Thereafter, Smt. Bhateri Devi was interrogated and
she stated that she had entrusted the vehicle to Sahab Singh vide
notarized document dated 24.02.2023. The original notarized
documents qua both the transactions have not been taken on
record by the IO. Bhateri Devi has not been chargesheeted for
contd….
-- 1 of 2 --
-2-
want of evidence and she is not a prosecution witness. If she is
not examined as a witness, then who would prove the document
dated 24.02.2023, is beyond contemplation of this court. IO
submits that the notary would prove these documents as there are
relevant entries in his register. I am not in agreement with the
submissions of IO as Bhateri Devi is ought to have been a
witness in this case to prove the transaction between registered
owner Shokeen and accused Sahab Singh. Needless to say,
photocopy of these documents are of no consequence and IO
should have seize the original documents which are of utmost
importance to prove the allegations under section 25 of NDPS
Act.
Considering the anomolies mentioned above, file is
again handed over to the IO to further iron out the abovesaid
lacunas in the investigation. Ahlmad is directed to get remove
this file from CNR system. This ordersheet be kept alongwith
other miscellaneous documents of this case. File be handed over
to the IO against due acknowledgment of this ordersheet itself.
At this stage, IO has moved an application for
extension of JC remand of accused Sahab Singh.
Same is allowed and JC remand of accused Sahab
Singh is extended till 21.03.2025.
Copy of this order be given dasti to IO.
Dhirendra Rana
ASJ/Special Judge (NDPS)
North, Rohini Courts, Delhi
17.02.2025
-- 2 of 2 --