UNION OF INDIA vs KARAN SHARMA

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 03.02.2025 + CRL.L.P. 283/2019 UNION OF INDIA .....Petitioner versus KARAN SHARMA ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr. A.K. Dahiya, Assistant Commissioner of Customs I.G.I Airport, New Delhi. Deptt. of Customs For the Respondent : CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed seeking leave to appeal against the judgment dated 04.10.2018 (hereafter ‘impugned judgment’), passed by the learned Trial Court in Sessions Case No. 146/17. 2. By the impugned judgment, the learned Trial Court acquitted the respondent of the offences under Sections 21(c)/ 23(c)/ 28 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’). 3. The case against the respondent originated from information provided by the Duty Manager, Air India through a letter dated Signature Not Verified Signed By:HARMINDER CRL.L.P. 283/2019 Page 1 of 13 KAUR Signing Date:11.02.2025 19:06:58 15.09.2016, alleging suspicious activities. 4. Acting on this information, the respondent was subjected to a search in the Customs Preventive Room in the presence of independent witnesses. During the search, the respondent allegedly admitted to carrying Phensedyl Cough Syrup. 5. Subsequently, 300 bottles of Phensedyl Cough Syrup were recovered from the respondent’s possession, with no accompanying invoice or purchase bill. Each bottle contained codeine phosphate, a manufactured narcotic drug, as listed in the NDPS Act. 6. Following the investigation, a complaint was filed, and charges under Sections 21/23 read with Section 28 of the NDPS Act were framed. The learned Trial Court took cognizance of the offence and proceeded with the trial. 7. The learned Trial Court, by the i