9911796707
TMI Blog2003 (9) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... and after parking the same, went inside the Embassy premises. After some time, he came out holding one packet wrapped in newspaper in his hand, and at that time he was stopped by the DRI Officers, who were present there on a secret information against him. He was taken to the DRI Office at I.P. Estate and there, on conducting search of his car, the packet wrapped in a newspaper was recovered and then opened and it was found to contain 40 gold bars of 10 tola each. Thereafter, he was taken to the 7th floor of the Drum Shape Building, I.P. Estate, where Office of DRI is located and the Panchnama was prepared in the presence of two independent witnesses, namely, S/Shri Shishu Pal Singh and Manwar Singh Rawat. On conducting of personal search o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the DRI Officers and as such the same could not be used against him. The impugned order, according to the learned Counsel, deserves to be set aside. 4. On the other hand, the learned JDR, has reiterated the correctness of the impugned order. 5. I have heard both sides and gone through the record. The bare perusal of the impugned order itself shows that the appellant was allegedly intercepted outside the premises of the Embassy of DPR Korea in the area of Greater Kailash-I, which is a public place when he came out of that Embassy carrying one packet wrapped in the newspaper in his hand. No personal search of the appellant at that time was taken by the DRI Officers, although two independent witnesses, namely, S/Sh Shishu Pal Singh an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d bars was taken out from the rear seat of the car of the appellant. 7. Similarly, the personal search of the appellant was not taken at the place where he was firstly apprehended in Greater Kailash-I, nor even on the ground floor where packet was taken out from the rear seat of his car. His search was only taken on the 7th floor where DRI Office was located, resulting in the alleged recovery of driving licence and US $ and French Franc. No explanation has been even offered by Shri A.K. Prashad for so doing. 8. Since neither the search of the person nor of the car of the appellant was carried out at the spot i.e. near the Embassy of the DPR Korea in Greater Kailash-I, where he was intercepted, without sufficient cause, this circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and used to take the tea to the Office of the DRI oftenly, as even conceded by him in his cross-examination. He has also stated that he was never taken along by the DRI Officers anywhere on that day, whereas according to Shri A.K. Prashad, this witness was with them when they went to Greater Kailash-I, to hold a picket there for apprehending the appellant. This witness in his cross-examination has stated that DRI Officers got signed some papers from him on different times/dates, and did not know what was written in those papers. He had even gone to the extent of stating that car of the appellant was never searched in his presence. It was only shown to him and the Officers told him that recovery has been effected from the car. His statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l statement by making an application in writing stating therein that it was never made by him, but was obtained by giving him beating. He was also got even medically examined under the orders of the Court from the doctor. Again on 8-12-1998, on the expiry of his judicial remand, he gave detailed facts and circumstances under which his statement was taken. He had denied from the very beginning, the recovery of any gold bars and foreign currency from his possession. According to him, the goods had been planted on him which were, in fact, allegedly recovered from RO of the Korean Embassy, who could not be arrested due to diplomatic restrictions. No recovery of any contraband/incriminating document was effected from his residence or the Kiriana ..... X X X X Extracts X X X X X X X X Extracts X X X X
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