Tempo and two bags of the same weighing 43.35 kg and 37.20 kg were recovered from the Petitioner’s Tempo. All the recovered contraband was deposited in the Malkhana of the Police Station Crime Branch, Delhi. Accordingly, the Subject FIR came to be registered and the investigation was handed over to Sub-Inspector Naresh Kumar. 5. On the basis of disclosure statement of the co-accused Pappu Kumar, the Police further arrested Farukh Ansari and Shahjada Hussain @ Birju, the other co-accused persons. 6. It is the case of the Petitioner that he was employed as a driver on a daily-wage basis by Hemant Kumar, owner of the Tempo bearing no. DL-1-LU-9784, who had instructed the Petitioner on the day of the incident, to proceed to the Railway Parcel Branch of Old Delhi Railway Station, where a consignment was to be picked up as one person had booked the vehicle for delivery of goods. Upon reaching the said location, Pappu directed the loading of two white sacks into the two Tempos, one driven by the Petitioner and the other by Chand, with the help of Railway Labours, to be delivered at the given address. While they were on their way, the Raiding Team apprehended them at the Kodia Pul and searched their vehicles and upon finding the contraband, arrested them on the spot. 7. During the course of Trial before the learned Special Judge, NDPS, Central, Tiz Hazari Court, Delhi, the Petitioner moved an application under Section 439 Code of Criminal Procedure, 1973 which was dismissed vide order dated 20.11.2023.
