SUNIL @ SUNIL SHARMA vs DIRECTORATE OF REVENUE INTELLIGENCE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 28.04.2026 Judgment pronounced on: 07.05.2026 + CRL.A. 356/2016 SUNIL @ SUNIL SHARMA .....Appellant Through: Mr. Adarsh Priyadarshi, Mr. Amit Dwivedi, Mr. Syed Miran, Mr. Suchit and Ms. Sandhya, Advocates versus DIRECTORATE OF REVENUE INTELLIGENCE.....Respondent Through: Mr. Satish Aggarwala, Senior Standing Counsel with Ms. Mala Sharma and Mr. Gagan Vaswani, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (the Cr.P.C.), the sole accused in Sessions Case No.38A/2012 on the file of the ASJ, Special Judge- NDPS, South District, Saket Courts, New Delhi, challenges the CRL.A. 356/2016 Page 1 of 67 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:07.05.2026 15:03:56 judgement dated 27.02.2016 and order on sentence dated 10.03.2016, as per which he has been convicted and sentenced for the offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act). 2. The prosecution case is that on 18.05.2012 at about 01.30 PM, the accused was found in possession of 1 kilogram of heroin while he was coming into Delhi crossing the Singhu Border in car bearing registration no. DL-4C AH 1455. 3. On appearance of the accused before the trial court, copies of all the prosecution documents were supplied to him in compliance with Section 207 Cr.P.C. On 21.12.2012, Charge under Section 21(c) of the NDPS Act was framed against the accused, which was read over and explained to the accused, to which he pleaded not guilty. 4. In order to prove its case, the prosecution examined PWs. 1 to 15 and marked Exts. PQ1/A-F, PW2/A- I, PW4/A-F, CRL.A. 356/