have been
followed by the NCB i.e. the procedure of controlled delivery has not been
followed, which if followed would have taken the matter ... stated by the Investigating Agency that the procedure
for controlled delivery as given under Section 50A NDPS to ascertain the actual
recipient of the contraband
have been
followed by the NCB i.e. the procedure of controlled delivery has not been
followed, which if followed would have taken the matter ... stated by the Investigating Agency that the procedure
for controlled delivery as given under Section 50A NDPS to ascertain the actual
recipient of the contraband
petitioner herein, is identified as accused only due to controlled
delivery procedure. There is no incriminating material/evidence
against the petitioner. The entire case against ... proceedings against accused No.2. It is his submission
that if controlled delivery is vitiated on account of not following
procedure under Section
provided under Section 50A of the NDPS Act to undertake
"controlled delivery". He submits that the contraband
article is LSD blots ... private company at
Bengaluru since July, 2022 onwards. The "controlled
delivery" of consignment was not undertaken insofar as
accused No.1 is concerned
been violated because the order for
authorization of the controlled delivery operation has been issued
by Deputy Director General, Narcotics Control Bureau (for short ... only Director General, NCB can pass an order to
undertake the controlled delivery operation. It has also been
contended that as per the notification
Section 50A of the Act. It is
his submission that 'controlled delivery' as obtaining in Section 50A
of the Act must be undertaken ... contend that Section 50A which deals with power to undertake
controlled delivery uses the word 'may'. Since it is directory
NDPS Act
which reads as under:-
Sec.50A . Power to undertake controlled delivery.--
The Director General of Narcotics Control Bureau
constituted under sub-section ... this behalf, may,
notwithstanding anything contained in this Act,
undertake controlled delivery of any consignment to--
(a)any destination in India;
(b)a foreign country
heroin in two suitcases through Kabul International Air port as a
controlled delivery to India by two confidential sources of Afghanistan.
The competent authority ... letter dated 14/7/2010 accorded the sanction for
undertaking the controlled delivery in India for catching the alleged
recipients. The then officiating Director General
first
parcel. PW7 Vishwanath Tiwari, IO primarily involved in taking the controlled
delivery. PW21 C.S.K. Singh, PW3 Azad Singh, PW4 Ajay Dahiya ... witnesses is reproduced as under:
PW7 Vishwanath Tiwari, IO took the controlled delivery
10. PW7 Vishwanath Tiwari, IO stated that on 17.04.2014, he was called
request of Israeli authorities, the Director General NCB had
ordered for controlled delivery of the parcel that had been seized from
DHL, to Israel ... Zonal Director Delhi was instructed to carry out the
controlled delivery operation in consultation with Zonal Director, NCB,
Mumbai. A memorandum of understanding with respect
