Delhi High Court
State Nct Of Delhi vs Sunil Kumar on 16 January, 2023
Neutral Citation Number 2023/DHC/000370
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6494/2022
STATE NCT OF DELHI ..... Petitioner
Through: Ms. Nandita Rao, ASC (Crl.),
GNCTD with Sh. Rakesh Kumar
Sharma, ACP and Inspr. Sanjay
Kumar, PS Crime Branch.
versus
SUNIL KUMAR ..... Respondent
Through: Mr. Deepak Singh, Mr. Ankit
Kashyap and Mr. Navjot Singh, Advs.
Mr. Sushant Kumar, Advocate for
applicant in Crl.M.A.1089/2023 &
1091/2023
% Date of Decision: 16th January, 2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 26648/2022 (for extension of time)
1. Ms. Nandita Rao, learned ASC submits that pursuant to the order of
this Court dated 04.01.2023, learned CMM (Central) has conducted the TIP.
Learned ASC for the State submits that the majority of the articles have duly
been identified by the respective owners. However, some of the articles
have remained unidentified.
2. This Court has also received the reports from Sh. Gaurav Sharma,
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:18.01.2023
16:02:55
Neutral Citation Number 2023/DHC/000370
learned MM-05, Central and Sh. Apoorv Gupta, learned MM-02. Let the
report be taken on record.
3. Learned ASC submits that order dated 13.09.2022 for releasing the
articles on superdari is required to be modified in view of the fact that
certain articles are left unidentified.
4. Let fresh application for release of articles on superdari be moved by
the complainant and the learned Trial court shall decide the application in
light of the TIP proceedings.
5. In view of this, order dated 13.09.2022 shall have no force and the
question as to the release of the articles on superdari shall be decided afresh.
6. The present application stands disposed of.
Crl.M.A.1089/2023 & Crl.M.A.1090/2023
7. Present applications have been moved on behalf of M/s. Radha
Pallavi Exports seeking impleadment in the present proceedings and also
stay of the TIP proceedings conducted so far.
8. Learned counsel for the applicant submits that his client has not found
their articles in the articles put up for identification and therefore the TIP
proceedings may be conducted afresh.
9. I consider that this Court cannot go into this question. The
authenticity and the evidentiary value of the TIP has to be examined by the
learned Trial Court. The investigation is still continuing. However, in the
interest of justice, M/s. Radha Pallavi Exports may be given an opportunity
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:18.01.2023
16:02:55
Neutral Citation Number 2023/DHC/000370
for identification of their goods, if any, out of the unidentified articles.
10. With these observations, the applications Crl.M.A.1089/2023 &
Crl.M.A.1090/2023 stands disposed of.
CRL.M.C. 6494/2022
11. Learned Additional Standing Counsel submits that in view of the
order passed by the Court and the TIP conducted on 11.01.2023, their
petition stands satisfied.
12. Hence, the present petition stands disposed of.
DINESH KUMAR SHARMA, J
JANUARY 16, 2023
st
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:18.01.2023
16:02:55
