IN THE COURT OF SH. M.K.

NAGPAL, SPECIAL JUDGE,

NDPS, SAKET COURTS, NEW DELHI

IN THE MATTER OF:

DRI Vs. Prince George

U/s: 21 of NDPS Act

D.O.H.: 19.10.2012

AN APPLICATION U/S 311 Cr.P.C. FOR RECALLING PW-11

DR. PAWAN KUMAR FOR THE PURPOSE OF CROSS-
EXAMINATION

MOST RESPECTFULLY SHOWETH:

1. That the above noted matter is pending trial

before this Hon’ble Court and is fixed for

today.

2. That PW-11 Dr. Pawan Kumar of the RML Hospital

who has examined the accused on 27.09.2009 was

examined before this Hon’ble Court 13.03.2012.

3. That PW-11 could not be cross-examined by

counsel for accused he was in personal

difficulty.

4. That PW-11 has medically examined the accused

on 27.09.2009 and prepared MLC Ex.PW-11/A. In

the said MLC, it is opined that there were

injuries on the body of the applicant/accused.

5. That the cross-examination of PW-11 is just

and essential for the decision of the case.

6. That no prejudice would be caused to the

prosecution if PW-11 is recalled for the

purpose of cross-examination.

PRAYER

In view of the above facts and circumstances,

it is, humbly prayed that this Hon’ble Court may

be pleased to recall the PW-11 Dr. Pawan Kumar for

the purpose of cross-examination, in the interest

of justice.

APPLICANT/ACCUSED
(in J.C.)
New Delhi
Through
Dated: 19.10.2012
(YOGESH SAXENA)
Advocate
 IN THE COURT OF SH. M.K. NAGPAL, SPECIAL JUDGE,
NDPS, SAKET COURTS, NEW DELHI

IN THE MATTER OF:

DRI Vs. Prince George

U/s: 21 of NDPS Act

D.O.H.: 19.10.2012

AN APPLICATION TO SUBMIT LIST OF DEFENCE WITNESS

MOST RESPECTFULLY SHOWETH:

1. That applicant/accused would like to examine

following witness in his defence:

Dr. Ms. Shikha Jain (MD)/Any other document/

officer concerned of Ram Manohar Lohiya

Hospital, New Delhi, who can identify the

signature and handwriting of Ms. Shikha Jain,

with all relevant record pertaining to MLC

No.E-136953/09 dated 26.09.2009

2. That the diet money to the witness will be

paid in the court.

PRAYER

It is, therefore, most respectfully prayed

that the listed defence witness may kindly be

taken on record and summons be issued, in the

interest of justice.

APPLICANT/ACCUSED
(in J.C.)
New Delhi
Through
Dated:
YOGESH SAXENA
Advocate
 IN THE COURT OF MS. ANU GROVER BALIGA,
SPECIAL JUDGE, NDPS ACT, NEW DELHI

IN THE MATTER OF:

NCB Vs. Mokibe Mr. Lepile Moses

SC No.41/11

N.D.O.H.: 16.10.2012

AN APPLICATION U/S 439 OF Cr.P.C. FOR GRANT OF

INTERIM BAIL FOR A PERIOD OF FOUR WEEKS ON
HUMANITARIAN GROUND TO ENABLE THE ACCUSED TO GET
HIS WIFE OPERATED

MOST RESPECTFULLY SHOWETH:

1. That in the above noted matter, applicant/

accused was falsely implicated and arrested by

NCB Officials on 09.06.2011 and since then he

is in judicial custody.

2. That the application for grant of interim bail

on humanitarian and medical ground was

dismissed by this Hon’ble Court vide order

dated 07.09.2012.

3. That the applicant/accused’s wife was under

treatment as outdoor patient from Lok Nayak

Hospital for Collard Goitere and was advised

for admission for 15.09.2012 and surgery on

18.09.2012 and she was asked to arrange ten

blood donation.

4. That on the direction of this Hon’ble Court,

medical record was got verified and concerned

 Doctor was asked to give his opinion whether

the surgery is required. Dr. Kamal vide his

report dated 29.08.2012 has submitted that the

patient is not having any respiratory obstacle

and as such disease is not an emergency

procedure.

5. That the applicant/accused’s wife is seriously

ill and could not be got operated on

18.09.2012 as the application for grant of

interim bail was dismissed by this Hon’ble

Court. She was having respiratory problem and

as such she went to Fortis Hospital, Vasant

Kunj, New Delhi as a outdoor patient.

6. That the applicant/accused’s wife was examined

by the Doctors of Fortis Hospital at Vasant

Kunj on 19.09.2012 and 22.09.2012 and on

26.09.2012, it is opined that the applicant

/accused’s wife is a case of Febroid Uterus,

Secondary Amenorrhoea and Goitere and advised

her admission in the hospital on 09.10.2012

for the purpose of surgery. The Doctors have

further opined that she needs two unit of

blood and patient will stay for one week in

the Hospital. Copies of medical record are

enclosed herewith as ANNEXURE-A (COLLY).

7. That before operation, the Doctors have

advised various tests and test namely

Kaeyotype is to be conducted upon the

applicant/accused as well as on his wife.

8. That the condition of the applicant/accused’s

wife is serious and as such the present

application is filed.

9. That there is no other person to look after

the applicant/accused’s wife.

10. That the presence of the applicant/accused is

required for the purpose of test as well as

sign and to do necessary formalities for

admission and to arrange blood and operation

of the wife in the hospital.

11. That the interim bail is filed on humanitarian

ground to enable the accused to attend his

wife while and arrange blood donation for her

which are required for surgery and for pre and

post operation care.

12. That the interim bail is filed on humanitarian

ground and as such provision of Section 37 of

NDPS Act is not applicable. Applicant/accused

relies upon the judgment of Delhi High Court

in the case of Atik Ansari Vs. State.

13. That applicant/accused is ready to furnish

surety to the satisfaction of the Hon’ble

 Court and will abide by any terms and

conditions as imposed by this Hon’ble Court

and will not hamper or tamper with prosecution

evidence.

14. That applicant/accused is not a previous

convict and not involved in any other case.

PRAYER

It is, therefore, most respectfully prayed

that the applicant/accused may kindly be admitted

to bail for a period of four weeks on the terms

and conditions this Hon’ble Court may deem fit and

proper on humanitarian ground, in the interest of

justice.

APPLICANT/ACCUSED
(in J.C.)
New Delhi
Through
Dated: 29.09.2012

(YOGESH SAXENA)
Advocate
 REGD. A.D/SPEED POST

To

Ramakrishna Paramhansa & Co.

Seetharampuram,
Hyderabad-534280

Sir,

Under the instructions and authority from my

client M/s Berkman Forwarding B.V., 3rd Floor, East
of Kailash, Community Centre, New Delhi-110065, I
have to serve you following legal notice:-
1. That you availed services of my client for
which a invoice in the sum of Rs.11,096/- vide
invoice No.BFI/DEL/5117 dated 23.02.2012 was
raised and duly received by you.
2. That on one or other pretext the payment of
the said invoice has not been made till date.
3. That it was mutually agreed that for the
delayed payment, you shall be paying interest
of 18% per annum.
By this notice, I hereby call upon you to make
the payment of outstanding amount of Rs.11,096/-
(Rupees eleven thousand and ninety six only) with
interest @ 18% per annum, failing which my client
shall be compelled to file suit for recovery at
the competent court of law and in that case you
shall be responsible for all the costs and
consequences thereof.
Copy kept.
YOGESH SAXENA
Advocate
 IN THE COURT OF SH. M.K. NAGPAL, SPECIAL JUDGE,
NDPS COURT, SAKET, NEW DELHI

IN THE MATTER OF:

DRI Vs. Sunil @ Sunil Sharma

U/s: 21 NDPS Act

D.O.H.: 29.08.2012

FIRST APPLICATION U/S 439 Cr.P.C. FOR GRANT OF

BAIL ON BEHALF OF ACCUSED SUNIL SHARMA

MOST RESPECTFULLY SHOWETH:

1. That the applicant/accused was falsely

implicated and arrested by DRI Official on

08.05.2012 and since then he is in judicial

custody.

2. That as per allegations contained in the

complaint, it is alleged that on the basis of

the secret information received by Sh. Gurjeet

Singh, Appraiser, DRI, a raiding party was

formed and raid was conducted and from the

raid, it is alleged that from engine of Honda

Civic Car off white coloured granular/powdery

substance was recovered and on weighing the

same it came out to be 1 kg.

3. That it is the case of the prosecution that

two samples were drawn and the alleged powder

was seized. Accused was arrested and sample

marked 1A was sent to CRCL, New Delhi.

4. That CRCL vide its report dated 07.06.2012 has

opined that off white coarse powder on the

basis of the chemical and promotographic

examination answered positive for

diacetylmorphine its purity percentage

contains of 4.9%.

5. That the report is silent about the other

contents whether they are the salt, ester,

ether and isomers of diacetylmorphine. The

report is also silent about the presence of

mixture having neutral substance in it. The

report is totally silent about the other

constituents or extraneous material except

4.9% of diacetylmorphine. In view of the said

report, it can only be said that 49 gms

diacetylmorphine punishable under NDPS Act.

6. That 49 gms of diacetylmorphine falls in the

category of less than commercial quantity

where embargo of Section 37 of NDPS Act is not

applicable.

7. That the investigation is complete, complaint

has been filed and accused is not required for

the purpose of investigation.

8. That the case of applicant/accused is squarely

covered by the judgment of the Hon’ble Supreme

 Court in the case of E. Michael Raj Vs. NCB

and Ansar Ahmed Vs. State, Delhi High Court.

9. That the applicant/accused belongs to a

respectable family, he is not a previous

convict and not involved in any other previous

case.

10. That the applicant/accused is sole bread

earner of his family and has his wife, widowed

mother and minor son to support.

11. That the applicant/accused will abide by any

terms and conditions by this Hon’ble Court and

will not hamper or tamper with prosecution

evidence.

PRAYER

It is, therefore, most respectfully prayed that

the applicant/accused may kindly be admitted on

bail on the terms and conditions this Hon’ble

Court may deem fit and proper, in the interest of

justice.

APPLICANT/ACCUSED
New Delhi

Through
Dated: 29.08.2012

YOGESH SAXENA
Advocate
12.

13.

14.

15.

16. sfds
 AUTHORIZATION-CUM-UNDERTAKING

Whereas Car bearing No.DL-2CAE-0541 Hundai I-

10 Magna-2008 Model was purchased in the name of

M/s Novelty Cards & Arts in the year 2008.

And whereas Novelty Cards & Arts has three

partners namely Sanjeev Kumar Gupta, Arun Kumar

Gupta and Rajiv Kumar Gupta all S/o Late Sh. Om

Prakash Gupta.

And whereas Arun Kumar Gupta was arrested by

Police Officials of Crime Branch in FIR No.84/12

dated 31.03.2012 and aforesaid car was seized.

Now partners namely Sanjeev Kumar Gupta and Arun

Kumar Gupta has authorized Sh. Rajiv Kumar Gupta

S/o Late Sh. Om Prakash Gupta, one of the partner

of M/s Novelty Cards & Arts to file an application

before the Court of Ms. Pinki, ASJ & Special

Judge, Tis Hazari Court, Delhi, for release of the

aforesaid vehicle on superdari.

AUTHORIZATION-CUM-UNDERTAKING IS WITNESSETH AS
UNDER:-

We, the aforesaid partners, have authorized

Sh. Rajiv Kumar Gupta to do all deeds, acts and

things and to sign application for release and to

execute superdarinama and to give undertaking etc.

for release of the aforesaid vehicle and any act

or thing said done or written in this behalf by

Sh. Rajiv Kumar Gupta shall be binding upon us.

This Authorization-cum-Undertaking is executed

at Delhi on this 25th day of August 2005 in the

presence of the following witnesses:-

WITNESSES:

1. Sanjeev Kumar Gupta

2. Arun Kumar Gupta

 IN THE COURT OF MS. ANU GROVER BALIGA,
SPECIAL JUDGE, NDPS ACT, NEW DELHI

IN THE MATTER OF:

NCB Vs. Mokibe Mr. Lepile Moses

SC No.41/11

N.D.O.H.:

AN APPLICATION U/S 439 OF Cr.P.C. FOR GRANT OF

INTERIM BAIL FOR A PERIOD OF FOUR WEEKS ON
HUMANITARIAN GROUND TO ENABLE THE ACCUSED TO GET
HIS WIFE OPERATED

MOST RESPECTFULLY SHOWETH:

15. That in the above noted matter, applicant/

accused was falsely implicated and arrested by

NCB Officials on 09.06.2011 and since then he

is in judicial custody.

16. That applicant/accused’s wife is seriously ill

and suffering from Collard Goiter,

hypertension and is outdoor patient with Lok

Nayak Hospital, New Delhi-110002. It is

submitted that the wife of accused had come to

see him and unfortunately she herself has

fallen sick and due to her sickness she could

not eat and breath properly.

17. That applicant/accused’s wife is under

treatment from Doctor A.K. Jindal of Lok Nayak

Hospital and has undergone various tests and

advised for admission on 15.09.2012 and

 surgery is fixed for 18.09.2012. She has been

asked to arrange 10 blood donation. Copy of

medical treatment record is enclosed herewith

as ANNEXURE-A (COLLY).

18. That there is nobody to look after the wife of

applicant/accused. At present she is staying

in Room No.106, Hotel Saina International,

2324, Chuna Mandi, Pahar Ganj, Delhi. Due to

her sickness, she could not look after

herself. She do not know any person in India

and her husband is confined to central jail,

Tihar, New Delhi.

19. That the interim bail is filed on humanitarian

ground to enable the accused to attend his

wife while and arrange blood donation for her

which are required for surgery and for pre and

post operation care.

20. That the interim bail is filed on humanitarian

ground and as such provision of Section 37 of

NDPS Act is not applicable. Applicant/accused

relies upon the judgment of Delhi High Court

in the case of Atik Ansari Vs. State.

21. That applicant/accused is ready to furnish

surety to the satisfaction of the Hon’ble

Court and will abide by any terms and

conditions as imposed by this Hon’ble Court

 and will not hamper or tamper with prosecution

evidence.

22. That applicant/accused is not a previous

convict and not involved in any other case.

PRAYER

It is, therefore, most respectfully prayed

that the applicant/accused may kindly be admitted

to bail for a period of four weeks on the terms

and conditions this Hon’ble Court may deem fit and

proper on humanitarian ground, in the interest of

justice.

APPLICANT/ACCUSED
(in J.C.)
New Delhi
Through
Dated: 22.08.2012

Yogesh Saxena
Advocate
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. CASE NO. OF 2012

IN THE MATTER OF:

Akanbi Olamilekan Mohemmed …Petitioner

VERSUS

The State …Respondent

FIR No.20/2012
U/s 21,29 NDPS Act
P.S.: Special Cell
INDEX

S.No. PARTICULARS PAGES C.FEE

(RS.)
1. Notice of Motion 2
2. Urgent Application 3
3. Memo of Parties 4
4. Petition U/s 439 R/w Sec. 482 5-12
Cr.P.C. for modification
alongwith affidavit
5. ANNEXURE-P-1 13-18
Copy of impugned order dated
11.05.2012
6. Application U/s 482 Cr.P.C. for 19-21
exemption from filing certified
copy of annexure along with
affidavit
7. Vakalatnama 22
FILED BY:
NEW DELHI
DATED: .08.2012
YOGESH SAXENA &
PRIYA SAXENA
Advocates
Enrol. No.D-897/93
D1/173, Lajpat Nagar,
New Delhi-110024
Mob. No.9810294248
 IN THE COURT OF MS. ANU GROVER BALIGA,
SPECIAL JUDGE, NDPS COURT, PATIALA HOUSE,
NEW DELHI

IN THE MATTER OF:

State Vs. Mohd. Owalabi Adigun & Anr.

FIR No.20/2011
U/s: 21/29 NDPS Act
14 Foreigners Act
P.S.: Special Cell

D.O.H.: 05.06.2012

APPLICATION U/S 445 Cr.P.C. FOR PERMISSION TO

DEPOSIT AMOUNT OF SURETY IN CASH ON BEHALF OF THE
ACCUSED AKANBI OLAMILEKAN MOHAMMED

MOST RESPECTFULLY SHOWETH:

1. That the applicant/accused was arrested on

29.03.2011 and since he is in judicial

custody.

2. That vide order dated 11.05.2012, the

applicant/accused was admitted to bail on

furnishing a personal bond in the sum of

Rs.50,000/- with one surety in the like

amount.

3. That the applicant/accused is a foreign

national and could not arrange a surety.

4. That the applicant/accused was granted bail on

11.05.2012 and since then more than 3 weeks

have lapsed and applicant/accused could not

arrange the surety despite his best efforts as

such could could not get the benefit of order

 on grant of bail. The applicant/accused relies

upon the following judgments of the Hon’ble

High Court of Delhi where accused was allowed

to deposit amount of surety in cash:

1. Zoro Daniel Vs. State, 2012 (2) JCC 898

2. Tonto Da Silav VS. State, Crl. M.C.

No.612 of 2010, decided by Hon’ble Mr.

Justice A.K. Pathak of Delhi High Court

decided on 26.2.2010

3. Theddeus Onwazebe Vs. NCB through Special

Public Prosecutor, decided by Hon’ble Mr.

Justice Mool Chand Garg on 15.12.2009

4. Bitoren Dolores Fernandes Vs. DRI,

decided by Hon’ble Mr. Justice Suresh

Kait on 28.9.2011

5. That provisions U/s 445 Cr.P.C. are

independent.

PRAYER

In view of the facts and circumstances

explained hereinabove, it is prayed that the

applicant/accused be permitted to deposit the

amount of surety in cash, in the interest of

justice.

APPLICANT/ACCUSED
New Delhi
Through
Dated:
 (YOGESH SAXENA)
Advocate

AFFIDAVIT

I, Sunil Sharma S/o Late Sh. Surinder Mohan R/o

H.No.231, Gali No.9, Chandan Vihar, West Sant Nagar,
Burari, Delhi-110084, do hereby solemnly affirm and declare
as under:-
1. That please register my brother in-law (Ravi Kant)
mobile number i.e. 9899607079 in the record for
making call and speak to him.
2. That photocopy of mobile bill is enclosed herewith.
3. That this is my true statement.

DEPONENT
VERIFICATION:
Verified at New Delhi on this …… day of May 2012 that the
contents of above affidavit are true and correct.

DEPONENT
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. BAIL NO. OF 2012

IN
CRL. APPEAL NO.674 OF 2011

IN THE MATTER OF:

Ms. Golile Grace Mkhatshwa …Appellant

VERSUS

CUSTOMS …Respondent

INDEX

S.No. PARTICULARS PAGES C.FEE

(RS.)

1. Notice of Motion 2

2. Urgent Application 3

3. Application U/s 389 R/w Sec.

482 Cr.P.C. along with affidavit

4. Vakalatnama already on record

FILED BY:
New Delhi
Dated:

(YOGESH SAXENA)
Advocate
Enrol. No.D/897/93
Chamber No.804,
Patiala House Courts,
New Delhi-110001
M.No.9810294248
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. BAIL NO. OF 2012

IN
CRL. APPEAL NO.674 OF 2011

IN THE MATTER OF:

Ms. Golile Grace Mkhatshwa …Appellant

VERSUS

CUSTOMS …Respondent
NOTICE OF MOTION
To,
Sh. Pramod Bahuguna
SPP
Custom
Patiala House Courts,
New Delhi-110001
Sir,

This is to inform you that a bail application U/s 389

R/w Sec. 482 Cr.P.C. is being filed in the registry of the

Hon’ble Delhi High Court and will come-up for hearing on

…… day of May 2012 or any other subsequent day

thereto.

FILED BY:
NEW DELHI
DATED:

YOGESH SAXENA
Advocate
Enrol. No.D-897/93
Chamber No.804,
Patiala House Courts,
New Delhi-110001
Mob. No.9810294248
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. BAIL NO. OF 2012

IN
CRL. APPEAL NO.674 OF 2011

IN THE MATTER OF:

Ms. Golile Grace Mkhatshwa …Appellant

VERSUS

CUSTOMS …Respondent

URGENT APPLICATION
To
The Registrar,
Hon’ble High Court of Delhi
New Delhi

Sir,
Kindly treat the accompanying application as an
urgent one as per Delhi High Court Rules. The grounds of
urgency are “the appellant has already undergone four
years two months out of her sentence five years and is
praying for suspension of sentence”.
It is prayed accordingly.

FILED BY:
New Delhi
Dated:

(YOGESH SAXENA)
Advocate
Enrol. No.D/897/93
Chamber No.804,
Patiala House Courts,
New Delhi-110001
M.No.9810294248
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. BAIL NO. OF 2012

IN
CRL. APPEAL NO.674 OF 2011

IN THE MATTER OF:

Ms. Golile Grace Mkhatshwa …Appellant

VERSUS

CUSTOMS …Respondent

SECOND APPLICATION UNDER SECTION 389 R/W

SEC. 482 Cr.P.C. FOR SUSPENSION OF SENTENCE
DURING THE PENDENCY OF THE APPEAL

MOST RESPECTFULLY SHOWETH:

1. That the applicant was falsely implicated and

arrested by the Custom Officials on 01.04.2008 and

since then she is in judicial custody.

2. That the applicant was convicted by Sh. Sanjeev

Jain, Special Judge, NDPS Court, New Delhi vide

judgment and order dated 30.04.2011 and

sentenced her to undergo R.I. for five years and to

pay fine of Rs.40,000/-, in default of payment of

fine, S.I. for four months U/s 21(b) of NDPS Act and

further sentenced her to five years R.I. and fine of

Rs.40,000/-, in default S.I. for four months for

offence U/s 23 R/w Sec. 28 of NDPS Act.

3. That the applicant has already undergone about

four years two months and her unexpired sentence

is about ten months and payment of fine.

4. That the first application for suspension of sentence

was dismissed by this Hon’ble Court vide order

dated 29.11.2011 primarily on the ground that the

applicant being foreigner and there is likelihood that

she may flee from the process of law.

5. That the application for suspension of sentence was

dismissed on 29.11.2011 and thereafter, till date

her appeal is not listed for hearing and is not likely

to be listed in near future.

6. That the applicant relies upon the judgment of this

Hon’ble Court in the case of Starkl Ferdinand Vs.

State (Customs), 2005 (2) JCC 64 and Emeka

Okafor Vs. State NCT Delhi, 2005 (3) JCC

(Narcotics) 227 where bail was granted to the

foreign national. It is respectfully submitted that

being a foreign national could not be a ground for

rejecting the bail application.

7. That the applicant further relies upon the judgment

of this Hon’ble Court passed by Ms. Justice Mukta

Gupta in Criminal Appeal No.881/2010 in case

titled as “Sachin Arora Vs. DRI” on 12.01.2012. In

the said case after relying upon a decision of the

Division Bench of the Punjab & Haryana High Court

in the Daler Singh Vs. State of Punjab, 2007 (1) CC

Cases (High Court) 252 wherein it is held that:

“We therefore feel that keeping in view the

spirit of Article 21, the following principles
should be adopted for the release of the
prisoners(convicts on bail after placing them in
different categories as under:-

(1)Where the convict is sentenced for more

than ten years for having in his conscious
possession commercial quantity of
contraband, he shall be entitled to bail is
he has already undergone a total
sentence of six years, which must
included at least fifteen months after
conviction.

(2)Where the convict is sentenced for ten years

for having in his conscious possession
commercial quantity of the contraband,
he shall be entitled to bail if he has
already undergone a total sentence of
four years, which must included at least
fifteen months after conviction.

(3)Where convict is sentenced for ten years for

having in his conscious possession,
rarely marginally more than non-
commercial quantity, as classified in the
table, he shall be entitled to bail if he has
already undergone a total sentence of
three years, which must include at least
twelve months after conviction.

(4)The convict who, according to the

allegations, is not arrested at the spot
and booked subsequently during the
 investigation of the case but his case is
not covered by the offences punishable
under Section 25, 27-A and 29 of the Act,
for which in any case the aforesaid
clauses No.(i) to (iii) shall apply as the
case may be, he shall be entitled to bail if
he has already undergone a total
sentence of two years, which must
include at least twelve months after
conviction”.

Sentence of the appellant was suspended.

8. That the judgment in the case of Sachin Arora

supra has been followed by Hon’ble Mr. Justice

Suresh Kait in case titled as Vishal Sharma Vs. DRI,

Criminal M.B. No.193/2011 in Criminal Appeal

No.148/2010 decided on 06.02.212 and sentence of

the appellant had been csuspended.

9. That the case of the applicant is squarely covered

with the aforesaid judgments, thus she is entitled

for suspension of her sentence.

10. That the applicant is not previous convict and not

involved in any other case and belong to a

respectable family and is ready to furnish surety to

the satisfaction of this Hon’ble Court.

11. That her previous application for suspension of

sentence being Criminal Misc. Bail No.940/2011

was dismissed on 29.11.2011. Her application for

 grant of interim bail being Crl. M.B. No.1912/2011

is pending disposal before the Hon’ble Court.

12. That the applicant has not filed any other

application for suspension of sentence apart from as

stated above.

PRAYER

It is, therefore, most respectfully prayed that the

sentence of the applicant may kindly be suspended

during the pendency of appeal on the terms and

conditions as this Hon’ble Court may deem and proper,

in the interest of justice.

APPLICANT
(in J.C.)

New Delhi
Through
Dated:
(YOGESH SAXENA)
Advocate
Enrol. No.D/897/93
Chamber No.804,
Patiala House Courts,
New Delhi-110001
M.No.9810294248
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. BAIL NO. OF 2012

IN
CRL. APPEAL NO.674 OF 2011

IN THE MATTER OF:

Ms. Golile Grace Mkhatshwa …Appellant

VERSUS
CUSTOMS …Respondent

AFFIDAVIT

I, Golile Grace Mkhatshwa, aged 51 years, D/o Mr. Pitros

Mqibelo Mkhatshwa R/o 212, Sitaama Section, Tembisa
1632, South Africa (presently confined in Central Jail, Tihar,
New Delhi), do hereby solemnly affirm and declare as under:
1. That I am the applicant/appellant in the abovenoted
case and is conversant with the facts of the case, hence
competent to swear this affidavit.
2. That the accompanying application U/s 389 R/w Sec.
482 Cr.P.C. for suspension of sentence has been drafted
by my counsel under my instructions and the contents
of the same have been explained to me in vernacular
and understood by me and the same are true and
correct to my knowledge and may be read as part and
parcel of this affidavit as are not being repeated herein
for the sake of brevity.

DEPONENT
VERIFICATION:
Verified at New Delhi, on this the ….. day of May 2012 that
the contents of my above affidavit are true and correct to
the best of my knowledge and no material fact has been
concealed there from.

DEPONENT
 IN THE COURT OF MS. ANU GROVER BALIGA,
SPECIAL JUDGE, NDPS COURT, NEW DELHI

IN THE MATTER OF:

NCB Vs. Rozen Cohan

D.O.H.: 11.05.2012

AN APPLICATION U/S 315 Cr.P.C. ON BEHALF OF THE

ACCUSED ROZEN COHAN

MOST RESPECTFULLY SHOWETH:

1. That the above noted case is pending trial

before this Hon’ble Court and is fixed for

today for defence evidence.

2. That the accused would like to examine

himself as defence witness, hence this

application.

It is, therefore, most respectfully prayed

that the accused may be permitted to be

examined as defence witness, in the interest of

justice.

APPLICANT/ACCUSED
(in J.C.)
New Delhi
Through
Dated: 11.05.2012
YOGESH SAXENA
Advocate
 IN THE COURT OF MS. ANU GROVER BALIGA,
SPECIAL JUDGE, NDPS COURT, NEW DELHI

IN THE MATTER OF:

State Vs. Mohemmed Owolabi & Ors.

P.S.: Special Cell

FIR No.20/2011
U/s: 21/29 NDPS Act &
14 of Foreigner Act

D.O.H.:

AN APPLICATION U/S 439 Cr.P.C. FOR GRANT OF

BAIL ON MEDICAL/HUMANITARIAN GROUND FOR A
PERIOD OF TWO MONTHS ON BEHALF OF THE ACCUSED
MOHEMMED OWOLABI

MOST RESPECTFULLY SHOWETH:

1. That the applicant/accused was falsely

implicated and arrested on 29.03.2011 and

since then he is in judicial custody.

2. That the applicant/accused is seriously

ill and had been operated upon his right

knee. He is also suffering from lower back

bone injury, hip injury and high blood

pressure. He could not stand and walk and

appear before this Hon’ble Court on wheel

chair.

3. That the applicant/accused is not getting

proper treatment in prison and he is in

danger of loosing his leg.

4. That the present application is filed on

medical/humanitarian ground as such the

provisions of Section 37 of NDPS Act are

not applicable.

5. That the applicant/accused is ready to

furnish the surety and will abide by any

terms and conditions as this Hon’ble Court

may deem fit and proper.

PRAYER

It is, therefore, most respectfully prayed

that the applicant/accused may kindly be

admitted to bail for a period of two months on

humanitarian ground on the terms and conditions

as this Hon’ble Court may deem fit and proper,

in the interest of justice.

APPLICANT/ACCUSED
(In Jail)
New Delhi
Through
Dated:
(YOGESH SAXENA)
Advocate
 IN THE HIGH COURT OF DELHI AT NEW DELHI

MISC. APPLICATION (CRL.) NO. OF 2012

IN
CRIMINAL APPEAL NO.911 OF 2011

IN THE MATTER OF:

Harjinder Singh @ Jinda …Appellant

VERSUS
State (Govt. of NCT of Delhi) …Respondent

AFFIDAVIT

I, Harjinder Singh @ Jinda, aged about …... years, S/o

Sh. Mohan Singh R/o Village Bagardia, P.S. Garendra, Distt-
Amritsar, Punjab, presently at Tihar Jail, Delhi, do hereby
solemnly affirm and declare as under:-
1. That I am the applicant/ appellant in the above noted
case and well conversant with the facts and
circumstances of the case and competent to swear this
affidavit.
2. That the contents of accompanying application for grant
of interim bail have been drafted by my counsel under
my instructions and the same have been explained to
me in vernacular and understood by me. The same may
be read as part and parcel of this affidavit as the same
are not being repeated herein for the sake of brevity.

DEPONENT
VERIFICATION:
Verified at New Delhi on this …… day of May 2012 that the
contents of the above affidavit are true and correct to the best
of my knowledge and nothing material has been concealed
therefrom.

DEPONENT
To
The SHO/IO,
Economic Offence Wing,
P.S.: Malviya Nagar
New Delhi
INDEMNITY BOND

I, Ajay Rustagi S/o Sh. S.N. Rustagi, Sole

Proprietor of M/s Ajay Plastic, having its office
at 62, Najafgarh Road, New Delhi-110015, in
compliance of Order dated 02.05.2012 passed by the
Hon’ble Court of Ms. Smita Garg, ACMM-
2/North/Delhi, Tis Hazari Courts, Delhi in case
FIR No.446/2002 U/s 409/420/467/468/471/34 IPC
registered at P.S. Sadar Bazar, on my application
to defreeze the Current Account
No.5422000100072201 with Karnataka Bank, Connaught
Place, Delhi, undertake to deposit the amount of
Rs.7,50,000/- in the Court in case the needs arise
at the time of conclusion of trial.

This Indemnity Bond is executed at New Delhi

on this …… day of May 2012 in the presence of the
following witnesses:

WITNESSES:
INDEMNIFIER

(AJAY RUSTAGI)
 INDEMNITY BOND FOR DEFREEZE OF CURRENT ACCOUNT
NO.5422000100072201 MAINTAINED WITH KARNATAKA
BANK, CONNAUGHT PLACE, NEW DELHI

In the matter of State Vs. Moti Lal Gupta & Ors.

By the present Indemnity Bond, I, Ajay Rustagi

S/o Sh. S.N. Rustagi, Sole Proprietor of M/s Ajay

Plastic, having its office at

------------------- , hereinafter called the First

Party and the State hereinafter called the Second

Party, state that I had paid Rs.7,50,000/- from my

current account No.5422000100072201 maintained

with Karnataka Bank, Connaught Place, New Delhi,

in favour of State.

2. That the said Firm did not allot me the flat

and therefore I asked them to refund my amount
already deposited with them. The firm did not
refund my amount and when I repeatedly requested
to refund my amount, they gave me a cheque of
Rs.5000/- as part payment and I had handed over
the original receipt to them as the same was
required by them.
3. That the said cheque of Rs.5000/- handed over
to me by the Director of the firm was dishonoured
by their bankers. Hence the first party filed a
suit for the recovery of its amount in the
District Consumer Form, Dehradun. The suit was
decreed and the judgment delivered in favour of
the first party asking the Director of the Firm to
refund its amount with interest.
4. That in the meanwhile the Director of the Firm
told me that the firm had gone in liquidation and
so the judgment of the Court was sent to the
Liquidator of the firm.
5. That now my claim has been considered
favourably and I therefore undertake by this
Indemnity Bond to refund the excess payment, if
any, paid to me, in respect of my claim.
Signed in the presence of the following
witness on the 28th day of April 2012:
WITNESS:-

C.P. SAXENA
Executant
First Party
 C.P. Saxena
2, Old Survey Road,
Dehradun

Dated: 28.04.2012
To

The Official Liquidator

High Court of Delhi

Sub: In the matter of M/s Skipper Builders Pvt.

Ltd. (in provisional Liquidation)

Ref.No. Co.Liqn (485)-1/CC-V/2168 dated 19.03.2012

Sir,

I am now 80 years old Senior Citizen and feel

difficulty in walking properly.
2. With reference to your letter mentioned above
I am to state that I am thankful that my claim has
been considered favourably and state that the
original receipts were already surrendered to the
Director of the company before a cheque of part
payment amounting to Rs.5000/- was given by them
to me. This cheque was dishonoured by their
bankers and so I filed a suit for the recovery of
my amount in the District Consumer Forum,
Dehradun. The suit was decreed in my favour and
the judgment was sent to the Official Receiver as
I was told that the firm had gone under
liquidation.
3. An Indemnity Bond as desired by you is
enclosed herewith.
4. My Bank Account No. and the particulars are
given hereinbelow:-
Name : Chandra Prakash saxena
Name of Bank : State Bank of India, E.C.
Road,
 Dehradun—248001
Account No. : 31116246434
5. As regards my personal identification I am to
state that I am an Advocate enrolled in Bar
Council of Uttar Pradesh, Allahabad and my
Identity Card No. is UP/467/91 dated 09.02.1991.
It is requested that my claim may please be paid
to me early as this case has become now 20 years
old.
Thanking you,
Yours faithfully,

C.P. SAXENA
 INDEMNITY BOND FOR REFUND OF EXCESS PAYMENT,
IF ANY

In the matter of M/s Skippers Builders Pvt. Ltd.

(In prov. liquidation)

By the present Indemnity Bond, I, C.P. Saxena

S/o late Sh. Hira Lal R/o 2, Old Survey Road,

Dehradun, hereinafter called the First Party and

the Official Liquidator hereinafter called the

Second Party, state that I had paid a sum of

Rs.10,000/- in favour of M/s Skippers Builders

initially for the purchase of a flat in Vaishali,

Ghaziabad.
2. That the said Firm did not allot me the flat
and therefore I asked them to refund my amount
already deposited with them. The firm did not
refund my amount and when I repeatedly requested
to refund my amount, they gave me a cheque of
Rs.5000/- as part payment and I had handed over
the original receipt to them as the same was
required by them.
3. That the said cheque of Rs.5000/- handed over
to me by the Director of the firm was dishonoured
by their bankers. Hence the first party filed a
suit for the recovery of its amount in the
District Consumer Form, Dehradun. The suit was
decreed and the judgment delivered in favour of
the first party asking the Director of the Firm to
refund its amount with interest.
4. That in the meanwhile the Director of the Firm
told me that the firm had gone in liquidation and
so the judgment of the Court was sent to the
Liquidator of the firm.
5. That now my claim has been considered
favourably and I therefore undertake by this
Indemnity Bond to refund the excess payment, if
any, paid to me, in respect of my claim.
Signed in the presence of the following
witness on the 28th day of April 2012:
WITNESS:-

C.P. SAXENA
Executant
First Party
 LETTER OF UNDERTAKING FOR OBTAINING DUPLICATE DEMAND
DRAFT

Dear Sir/Madam,

This is to certify that I/We have not received Refunded DD for the Order number from Indiatimes
Shopping for the details given below:

Order Number Suborder Product Amount Payee Address

Number Name Name
113066094 3907975 Blackberry 5298
8830

I/We would like to inform you that the Demand Draft which was issued against the above
mentioned order number is lost/misplaced. Below are the details of the Demand Draft issued for
the order number.

Demand Draft Bank Name Amount Date

870419 HDFC 5298 11.11.2011
So I/We request you to issue me/us a duplicate Demand Draft against the above Order Number.
I/We hereby agree to indemnify the company in the manner herein after stated:

It is hereby agreed that in consideration of issuing a duplicate Demand Draft, I/we hereby
covenant at all times, hereafter and from time to time save, defend and keep indemnified the
company and their estates and effects from and against estates and effects from and against
allocations, costs, suits, legal proceeding accounts, claims demands, losses, charges, expenses, and
liabilities whatsoever nature which the company may sustain or incur by reason of such issue of
duplicate Demand Draft and also from and against any action which may be brought against the
company by any claiming the redemption/interest accrued thereon and from and against all
demands, costs, charges, expenses which the company may incur in respect thereof or otherwise in
relation to the premises.

In witness whereof I/we hereto have hereunto set and subscribed our respective hand at ………..
on ……………… day of ……………….

Witness Customer

Signature Signature
Name Name
Address Address
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL L.P. NO.110/2011

IN THE MATTER OF:

Asst. Commissioner of Custom …Appellant

VERSUS
Ellis Edward Joseph …Respondent

PERSONAL BOND

I, Ellis Edward Joseph, aged about …… years, S/o

Late Ellis Dennis R/o 18, Recttory Avenue, Prestwich,
Manchester, Lancashire, U.K., presently at Flat No.2C,
Sai Krishna Reddy Complex, Chitravati Road,
Puttaparthi, Distt.-Anantapur, Andhra Pradesh, having
been ordered by the Hon’ble High Court vide order dated
24.02.2012 to furnish the personal bond of Rs.50,000/-
(Rupees fifty thousand only) for my attendance at the
time of hearing of the above appeal and also surrender to
the custody in compliance with the ultimate order that
may be passed in the appeal, I, Eillis Edward Joseph,
bind myself to forfeit to the Government of National
Capital Territory of Delhi a sum of Rs.50,000/- in the
event of my committing default in attending the hearing
before the Hon’ble Court in surrendering to the custody
in compliance with ultimate order that may be passed by
the Hon’ble Court in the above appeal.

RESPONDENT
WITNESSES:-

1.
 Statement of Sh. Sukhwinder Singh S/o Late

Sh. Jagir Singh, aged 37 years R/o Kotli Bus

Washing, P.O.Rathogi Tehsil Patti Distt.

Tarantaran, Punjab recorded U/s 67 of NDPS Act

on 03.03.2011.

I Sukhwinder Singh S/o Late Sh. Jagir

Singh aged 37 years, R/o Village Kotti Bus

Washing P.O. Rathogi, Tehsil Patti, Distt.

Tarantaran, Punjab have appeared voluntarily

before you today on 03.03.2011 in compliance of

summons given by you under Section 67 of NDPS

1985 to tender my statement. I have been well

apprised of Sec. 67 of NDPS 1985. I state

before you that I have well understand about

Sec. 67 of NDPS 1985 that I have to tender my

correct and true statement. I also understand

that making wrong statement is a punishable

offence. This statement of mine can be used

against me or any other person in any court

proceeding. On your asking I state that I am

illiterate but can speak and understand Punjabi

and Hindi and that is why my statement is got

written by Sh. Suresh Kumar T.A. DRI. On

further asking I state that abovementioned

information about myself in absolutely right

and nothing is concealed from it. My mother’s

name is Late Mrs. Gurcharan Kaur. We are two

brothers and two sisters. My brother’s name is

Jugraj Singh and his age is about 35 years. My

brother is younger than me. My two sisters are

elder than me. Elder sister’s name is Ninder

and younger sister’s name is Jeete. We all are

married. My wife’s name is Harjawant Kaur. I

got married with her about 13 years back and my

in-laws resident is Village Kiryala, Tehsil

Patti Taran Taran, Punjab. My elder son Gur

Sahib Singh is aged about 11years who studies

in 8th standard. My younger son Gurveer Singh

is aged about 10 years and he studies in 7th

Standard. Gur Sahib Singh studies in private

school in Betba and Gurbir Singh studies in

Govt. School in Betba. My father expired 15

years back due to heart attack and my mother

expired seven years back due to cancer in

breast. My father owned 10 ‘Kilas’ agricultural

land which has distributed between we two

brothers after his death. My mother remain very

 uncomfortable 3-4 years before her death

due to cancer and we both brothers continued

her to be treated in Bikaner and Ludhiyana

Hospitals for which we both brother’s took

Rs.4-4 lakh as loan. I am unable to discharge

this loan so far. On being further asked I

state that I am having driving license and I

can drive Tractor, Byke/Scooter and other small

vehicles.

Kuldeep Singh S/o Late Sh. Mehar Singh is

my relative. My paternal aunt’s daughter (my

sister) is the wife of Kuldeep Singh’s younger

brother Sh. Balwinder Singh, that is why I know

Kuldeep Singh very well. Kuldeep Singh’s

father’s name is Late Sh. Mehar Singh. Kuldeep

Singh’s Vilage is Algoka. He is resident of

Tehsil Patti, Distt. Taran Taran, Punjab. His

Village is at a distance of about 7-8 Km from

my village. I often used to tell Kuldeep Singh

about my financial condition and loan and

Kuldeep Singh assured me to help.

On 1st March 2011, Kuldeep Singh met me at

my house and told me that he has to deliver

some goods in Delhi tomorrow (02.03.2011) for

which he need money for it, and I fell into

greed. On enquiry, Kuldeep Singh instructed me

to meet next day (2nd March 2011) at 10 AM at

‘Patti Mod’. As per his instructions, I reached

‘Patti Mod’ next day at 10 AM and started

waiting for him. After about 4-5 minutes,

Kuldeep Singh reached there in his white Maruti

Alto Car No.PB-46-H-8663. He was also

accompanied by a Silver Colour Tata Indo

Vehicle No.PB-38B-2459 which was being driven

by a ‘Sikh’.

One woman and a child were also sitting in

Kuldeep Singh’s vehicle and on my enquiry he

told me that she was his distant relative and

her name was Kashmir Kaur. The child was his

grandson (Naati) Gurbej Singh. Kuldeep Singh

told me that Kashmir Kaur and his grandson are

going to Gurudwara Shish Ganj, Delhi for

worship. On enquiry about the Sikh Driver of

Tata Indko Vehicle No.PB-38B-2459, Kuldeep

Singh told me that his name is Resham Singh. He

and Resham Singh know each other for last 10,

11 years. Kuldeep Singh told me that Resham

Singh is a good driver and he know the way to

Delhi. On my asking, Kuldeep Singh told me that

goods i.e. Psychotropic substance is concealed

under the back seat (under the sitting seat) of

Tata Indigo Vehicle No.PB-38B-2459. Kuldeep

Singh instructed me to sit in the vehicle with

Resham Singh and then both the vehicles

proceeded towards Delhi. After crossing

Jalandhar, we had some tea and breakfast. Mean

while, Kashmir Kaur and her grandson were

having their tea and breakfast while sitting at

some distance from us. Thereafter we again

proceeded towards Delhi in our respective

vehicles. Thereafter, we had our meal at a

‘dhaba’ between Karnal and Panipat. This time

also we all three persons used the same table

however Kashmir Kaur preferred to sit with her

grandson at a distance from us on some other

table. After having lunch, we all again

proceeded towards Delhi together in our

respective vehicles. After entering Delhi, the

vehicles of Kuldeep Singh was leading us

however we and Resham Singh were following him

while sitting in Tata Indigo Vehicle. The

vehicle was driven by Resham Singh as he is a

good driver. Since we were unknown to the place

of delivery, so we were following the vehicle

of Kuldeep Singh. On 2nd March 2011 at about

11.15 PM our both vehicles had stopped at a

place near bus stand. On reaching there,

Kuldeep Singh and Resham Singh came out of

their respective vehicles and started talking

with each other however, Kashmir Kaur and her

grandson remained inside the vehicle. At the

time of talking, we all three persons were

careful and were watching here and there

carefully. When till 15-20 minutes, no one has

come to us, we thought of leave the place and

proceeded towards our vehicles. While we were

trying to sit in our vehicles, some persons had

apprehended us. On smelling danger, Resham

Singh has run away from there. 2-3 persons out

of them has chased Resham Singh but he could

not be apprehended. Kuldeep Singh had also

rushed in his Alto Car but they apprehended him

and brought him at the place where 8 was exist

with my Tata Indigo vehicle. Thereafter, they

showed us their respective Identity Cards and

told us that they are from D.R.I. We were also

introduced with two other persons who were

accompanying them as witnesses. Thereafter,

they enquired about us for which I, Kuldeep

Singh and Kashmir Kaur reveal them our name and

addresses. Thereafter, DRI people had enquired

from me about the person who had run away, for

which I told them that he was Resham Singh and

Kuldeep Singh can provide more information

about him. Kuldeep Singh had told them about

Resham Singh. Thereafter, DRI persons had told

us that they had reliable information that some

Psychotropic substance is kept concealed in any

one of the vehicles out of Tata Indigo Vehicle

No.PB-38B-2459 or Alto Car No.PB-46H-8663 and

for that DRI persons have to search the

vehicle. DRI persons had also told us that they

are having search warrants for this purpose. We

all the three persons told them that we are

illiterate however can speak and understand

Punjab and Hindi. On this, DRI persons read

over and explained us the search warrant and

asked us to sign the same for which, we all the

three persons put our thumb impression on the

same. Thereafter we request them that as it is

too late so they could take us to their office

where search would be more safe. I also told

them that while running away, Resham Singh had

also taken the keys of the vehicle (TATA

Indica). Thereafter, DRI persons had arranged

for a crain and with the help of it, the Indigo

Vehicle was taken to DRI Office. Kashmir Kaur

and her grandson along with Kuldeep Singh were

also taken to DRI Office along with Alto Car.

After reaching the DRI Office, one DRI Officer

had given all of us three notices U/s 50 of

NDPS Act 1985. We were told that it was a

warrant of our personal search and if we want,

our search could be conducted before a

Magistrate or Gazetted Officer for which we

have to express our consent to them. Kuldeep

Singh and I asked them that our search should

be conducted before a Gazetted Officer of DRI,

however, Kashmir Kaur asked them that any lady

officer of DRI can take her search. On our

request, one Officer of DRI had written down

our consent on the body of notice U/s 50 and

explained us and we all the three persons put

our thumb impressions on it. Thereafter, we

were got introduced with a DRI Officer Mr. D.P.

Saxena and were told that he is a Gazetted

Officer of DRI. Mr. D.P. Saxena had also asked

us about our consent, for which we had

disclosed him also the same. Thereafter, my and

Kuldeep Singh’s search was conducted before Mr.

D.P. Saxena however nothing incriminating was

recovered from us. Kuldeep Singh’s Alto Car

No.PB-46HB-8663 was also searched in which

nothing incriminating was recovered however,

when search was conducted of Tata Indigo

Vehicle No.PB-38B-2459, 29 packets were

recovered under the back seat of it (under the

sitting place)which were generating pungent

smell. Thereafter, DRI Officers had taken into

possession all such packets and the papers

which were recovered from the Alto Car.

Thereafter, on weighing those packets, the

weight of them was found to be 28.876 kgs. When

the substance taken out from these packets was

tested, it was found to be Heroin. Thereafter,

the DRI Officers had taken into possession

along with vehicles and the papers recovered

from the Alto Car after taking samples from all

the 29 packets. All the information regarding

this proceeding is mentioned in the Panchnama

dated 02/03.03.2011, which was read over and

explained to me and I put my thumb impression

on it in token of their being correct.

Q-1. Do you know Kashmir Kaur or Resham Singh

earlier?

Ans. No, I met them for the first time on 2

March 2011 at ‘Patti Mod’ through Kuldeep

Singh.

Q-2. Did Kuldeep Singh promise you or Resham

Singh to give some money?

Ans. As I have told earlier, Kuldeep Singh had

offered me money. Kuldeep Singh was well

known towards my financial position. He

had promised me to give Rs.50,000/- after

completion of this work. Kuldeep Singh had

also promised Resham Singh to give

Rs.50,000/-.

Q-3. Does Kashmir Kaur know anything about the

goods (Psychotropic substance)?

Ans. As far as I know, she was having no

knowledge. That poor lady had come only

for worship in the Shish Ganj Gurudwara.

Q-4. Do you know that Kuldeep Singh was earlier

also apprehended in drugs smuggling?

Ans. I just know in this regard that about 15

years back, he was apprehended in Mumbai

and he remain in jail for about 3 years.

Q-5. Why did Kuldeep Singh himself not seated

in Tata Indigo vehicle No.PB-38B-2459,

wherein the goods was concealed?

Ans. Kuldeep Singh concealed the goods in the

vehicle. He promised me and Resham Singh

to give Rs.50,000/- each. His Alto car was

leading us. Kuldeep Singh had earlier also

remained in jail in such type of matters

for 3 years. He wanted to send the goods

to Delhi in safe manner. In case some

police etc. apprehend them, he could deny

his link with the goods or vehicle and

survived. Apart from it, his relative

Kashmir Kaur was also alongwith him. That

poor lady was having no knowledge about

the goods.
Q-6. Since when you are in such smuggling

profession?

Ans. This is my first chance in this

profession, Kuldeep Singh had promised me

to pay Rs.50,000/-. I made this mistake

having indulged into greed for which I

feel sorry. I know that doing it is an

offence. If possible, please forgive me.

I am fully illiterate however can

speak and understand Hindi and Punjabi

therefore Mr. Suresh Kumar T.A. DRI

Headquarter, New Delhi has written it down

properly on my request. This is my true

and correct statement which is running

into 9 pages, which I have tendered

without any fear, promise or force. This

statement of mine is read over and

explained to me and it is written in

accordance of my dictation. I have put my

thumb impression on each page of it in

token of its having been correct.

Written by me as LTI of Sukhwinder Singh

per dictation of Before me
Sukhwinder Singh
Sd/- 03.03.2011
Sd/- 3.3.2011 J.P. Raju, I.O.
Suresh Kumar DRI, N. Delhi
T.A. DRI Headquarter
New Delhi
 IN THE COURT OF SH. J.P.S. MALIK, ADJ/
INCHARGE RECORD ROOM, SAKET COURTS, NEW DELHI

IN THE MATTER OF:

Shakuntala Devi Vs. State & Ors.

D.O.D.-14.12.2010
Goswara No.199/2010

AN APPLICATION FOR RELEASE OF ORIGINAL SHARE

CERTIFICATES ON BEHALF OF APPLICANT/CERTIFICATE
HOLDER MS. SHAKUNTALA DEVI

MOST RESPECTFULLY SHOWETH:

1. That the above captioned matter was decided by

the Hon’ble Court of Sh. Balwant Rai Bansal on
14.12.2010 and a succession certificate was
issued in favour of applicant.
2. That the applicant filed application for
transfer of shares in her name to various
companies and a certified copy of succession
certificate was submitted to them. However,
the companies have refused to transfer the
shares in favour of applicant and asked to
furnish original share certificates. Coy of
reply from companies are enclosed herewith.
3. That the applicant has obtained certificate
copies of the share certificates.
PRAYER
It is, therefore, most respectfully prayed
that original share certificate may kindly be
returned to the applicant on the terms and
conditions this Hon’ble Court may deem fit and
proper, in the interest of justice.

APPLICANT/CERTIFICATE HOLDER
SHAKUNTALA DEVI
New Delhi
Dated: THROUGH
COUNSEL
4.

5.
 IN THE COURT OF SH. SANJEEV AGGARWAL, ADJ-03,
TIS HAZARI COURTS, DELHI

SUIT NO.405 OF 2011

IN THE MATTER OF:

M/s Coim India Pvt. Ltd. …Plaintiff

VERSUS

M/s Galore Packaging (I) Pvt. Ltd. …Defendant

AN APPLICATION UNDER ORDER XXXVII RULE 3 CPC TO

PUT APPEARANCE ON BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHOWETH:

1. That in the above noted matter summon of the

suit was received on 03.02.2012 in the Office
of the defendant company.
2. That the defendant is submitting hereunder the
address for service of summons etc.:

M/s Galore Packaging (I) Pvt. Ltd.

123-A, DDA Office Complex,
Phase-I, Jhandewalan Extn.,
Delhi-110055

3. That the appearance is put within the

limitation.
PRAYER
It is, therefore, prayed that the appearance
of the defendant may kindly be recorded and
address be taken on record, in the interest of
justice.

DEFENDANT
M/s Galore Packaging (I) Pvt. Ltd.

Delhi Through
Dated:
(YOGESH SAXENA &
NARESH GUPTA)
Advocates
 PANCHNAMA

Date/Time : 17.09.2011 1940 hrs

Keshopur Sabji Mandi
(Near In-Gate Keshopur)
Sabji Mandi), New Delhi

Witnesses :
1. Sh. Bijender
S/o Sh. Hari Babu
Village Sabha Colony,
Nilothi Village,
H.No.46, New Delhi-41

2. Sh. Prem Nath

S/o Sh. Sardari Lal
377, DDA Flat, RCB Block,
Raghubir Nagar,
New Delhi-27

On 17.09.2011, at about 11:00 hrs received

an information from Informer that one person

whose name is Satnam Singh, aged about 31

years, height 5” 10 inches, thin body, who is

coming from Madhya Pradesh by carrying Tommatos

in his truck No.HR-38G-8287, he is also

carrying Opium by concealing the same in it,

which he will hand over to one person named

Roshan Lal whose age is about 60 years, medium

built between about 07:30 to 08:00 in the

evening near In-gate Keshopur Sabji Mandi, New

Delhi. If the search of them and of the truck

is conducted, a huge quantity of Opium can be

recovered.
 I put up this information in writing

before my Superior Officer Sh. Y.R. Yadav,

Superintendent, Delhi Zonal Unit, who issued

the search authorization in my name and

directed me to constitute a team and take

action under the provisions of NDPS Act. He

also issued Narcotics Control Bureau-DZU-3. As

per the direction of Superintendent, I

constituted a team consisting of myself, I.O.

Sh. Surender Singh, I.O. Kiran Bala Sepoy

Narender Kumar, Farrash Sudhir Nayak and Babu

Lal Driver. Then we have taken field testing

kit and other equipments which are used in the

search proceedings and departed from Delhi

Zonal Unit, NCB at about 12:30 hrs by Govt.

Vehicle No.DL-12C-1168. We have reached

Keshavpur Sabzi Mandi at about 1400 hrs and

collected information about that place and also

went to Sabzi Mandi for collecting the

information about the Trucks which carry

tomatoes like the entry gate for such types of

trucks, their unloading process etc. thereafter

at about 1800 hrs. I have introduced myself to

the passer byes and told them about my secret

information and also asked them to join raiding

team. On my request witness No.1 Shri Bijender

S/o Sh. Hari Babu had voluntarily accepted to

join the raiding team at the time of search

proceeding. Thereafter, our team has mounted a

surveillance near the in-gate of Keshavpur

Sabzi Mandi. After some time at about 1930

hrs., as per the secret information one person

aged about 60 yrs. medium built came by auto

rickshaw No.DL-1R-L-0060 and after getting down

from the auto rickshaw started looking for

someone here and there. Meanwhile, I talked to

auto-driver and told him about the secret

information and after showing him my identity

card. I introduced myself to him and requested

him to join the search proceeding as an

independent witness, on which the auto rickshaw

driver, witness No.2 Shri Premnath S/o Sh.

Sardari Lal voluntarily agreed to be an

independent witness throughout the search

proceeding. After sometime one person whose

description was matching with the secret

information i.e., height about 5 foots 10

inches, aged about 31 yrs., thin body, light

beard came and stand by the person who had come

from auto-rickshaw and started looking for

someone here and there and they both started

talking with each other. The person who had

come from the Auto Rickshaw gave some money

from his purse to other person and he took him

near the truck Registration No.HR-38G-8287

which was standing in In-Gali. Thereafter he

took out a small plastic packet from a spot

made in the cabin of the truck. The packet was

of white colour. Then he started moving towards

the person came by Auto Rickshaw to hand over

the packet to him. In the meantime, I along

with my team and Panch witnesses intercepted

them and introduced ourselves by showing our

identity card and also introduced the Panch

Witnesses to them. Then I told them about the

secret information and also showed them the

search authorization which was then signed by

both the suspects and Panch witnesses. On

asking the truck driver revealed his name as

Satnam Singh S/o Sh. Bakshi Singh and the other

person has revealed his name as Pawan @ Roshan

Lal S/o Sh. Deep Chand. Thereafter, I gave both

Satnam Singh and Pawan @ Roshan Lal notice U/s

50 NDPS and apprised them their legal right

that if they desire, their search can be

conducted before a Magistrate or Gazette

Officer for which they both declined and

desired to be searched their person and search

of the truck by any NCB Officer. They both

wrote the same on Section 50 Notice and signed

the same. Thereafter I offered both the

suspects to take the search of Panch Witnesses

and my team for which they declined. In

personal search of Pawan @ Roshan Lal nothing

incriminating was recovered. On opening the

plastic bag carried by Satnam Singh. One

Plastic Polythene had recovered which was

strongly tied with the help of thread. On

opening the same, the transparent polythene had

recovered which was consisting of black colour

semi liquid type of substance. On testing the

same on field testing kit it gave positive

indication for Opium. All such substance was

then weighed by the electronic weighing machine

and the weight was found to be 2 kg 500 gms.

Thereafter, two samples of 25 gms each were

drawn and kept in transparent zip lock pouch

one in one. The said pouches then further kept

in white envelopes and marked as A-1 and A-II.

The remaining opium was kept in two transparent

polythenes and was tied with the help of

plastic string and pullanda was prepared. The

same was marked as “A” and the remaining

packing material was also packed and the same

was marked as “B”. Paper slips were pasted. On

all these two samples A-I and A-II, Mark A and

B and the same were signed by me, both the

Panch Witnesses, Satnam Singh and Pawan @

Roshan Lal. The same were then sealed by the

Narcotics Control Bureau DZU-3 with the help of

hot ‘lakh’.

The specimen of the Narcotics Control

Bureau – DZU-3 is as follows:-

Thereafter, test memo was prepared in

triplicate at the spot and specimen seal of

Narcotics Control Bureau, DZU-3 was put upon

them. The panchama was prepared at the spot in

the presence of witnesses, Satnam Singh and

Pawan @ Roshan Lal and the same was signed with

dates by the Panch Witnesses, Satnam Singh,

Pawan @ Roshan Lal and me. The search

proceeding was concluded peacefully under the

provisions of NDPS Act without damaging

anything and in the presence of witnesses,

Satnam Singh and Pawan @ Roshan Lal. During the

search of Truck, nothing incriminating was

recovered. No damage was done to the truck

No.HR-38G-8287 during the search proceeding.

The search proceeding had concluded without

harming anybody’s religious feeling. The seized

opium and truck having registration No.HR-38G-

8287 were taken into possession. Thereafter, I

offered the search of me and my team for which

they declined. Thereafter, I alongwith my

raiding team left for NCB, Delhi Zonal Unit.

All the proceedings were concluded at 2115 hrs.

Bijender
17.9.2011
Sd/-
Sd/- Sd/- Prem Nath Sd/-
17.9.2011 17.9.2011 17.9.2011 17.9.2011
Rajesh Kumar
Intelligence
Officer