Delhi High Court - Orders
Air Customs vs Mosafier Alizahi & Ors on 5 June, 2020
Author: Anu Malhotra
Bench: Anu Malhotra
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1490/2020, CRL.M.A. 7224/2020, CRL.M.A. 7225/2020&
CRL.M.A. 7226/2020
AIR CUSTOMS .....Applicant
Through: Mr.Satish Aggarwala, Sr.Standing
Counsel with Mr.Gagan Vaswani,
Advocat and Mr. Dishant Goyal for
customs department.
versus
MOSAFIER ALIZAHI & ORS ...Respondent
Through: None.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 05.06.2020 CRL.M.A. 7225/2020&CRL.M.A. 7226/2020 (Ex.) Exemptions allowed subject to all just exceptions. The applications stand disposed of.
CRL.M.C. 1490/2020None is present on behalf of the respondent nos. 1 to 7 who are currently lodged in the Tihar Jail.
Initial submissions have been made on behalf of the applicant/petitioner assailing the impugned order dated 01.06.2020 of the learned Duty MM, South West, whereby the application under Section 52A of the NDPS Act, 1985 for collection of samples has been dismissed with it having been observed to the effect that the said application is not maintainable before the said Court and that the proceedings have to be conducted by the Executive Magistrate.
It has been submitted on behalf of the applicant that the said application is maintainable before the Magistrate and there are similar orders in relation to the drawing of samples that have been made in terms of the NDPS Act, 1985 by the Trial Courts and time is sought on behalf of the applicant to place the same on the record qua which it is submitted by the learned SC that the same would be filed during the course of the proceedings, in as much as, it has been submitted on behalf of the applicant that in terms of proceedings dated 26.05.2020 before the learned ASJ on duty, time has been extended till 10.06.2020 for submission of the investigation report in the matter and it having been submitted on behalf of the applicant that in the absence of the samples being drawn and the report from the CRCL, the applicant would be unable to submit the investigation report by the date 10.06.2020, in as much as, the respondent nos. 1 to 7 have been issued no notice by the Registry of this Court, notice to their counsel be issued on submission of the details of the counsel for respondent nos. 1 to 7 on behalf of the petitioner by 1.00 PM today and in view of the stated urgency in the matter, the matter be re-notified for 06.06.2020 at 11.30 AM.
The intimation of the matter be also sent to the respondent nos. 1 to 7 of the matter being listed for 06.06.2020 at 11.30 AM through the Superintendent Jail, Delhi.
ANU MALHOTRA, J JUNE 05, 2020 'neha chopra'