Shobhan Mittal, who was arrested by Delhi Police on 29.03.2011 for possession of 2 grams of cocaine, has been pardoned by the court under the condition that he remains an approver in the case.
During the investigation, it was found that Shobhan Mittal had acquired 2 grams of cocaine for personal use and was not involved in trafficking or supply of any kind. While the two other accused persons, Akanbi Mohammad and Mohd. Adigun was not only involved in the supply of drugs but was also staying in India without any valid documents.
Akanbi Mohammad and Mohd. Adigun was charged under section 29 of the NDPS Act and Mittal was only charged for possession of cocaine. However, Counsel Sh. Rahul Tyagi stated that an application filed on behalf of accused Shobhan Mittal under section 64A of the NDPS Act be decided by the court before proceeding with the case. But, after a few dates of hearing the application was not pressed and on 12.10.2012, Shobhan Mittal filed an application under section 307 Cr.PC. On request of Ld. APP for State it was said that the accused must first appear before the IO and submit the statement that he proposes to provide as an approver.
After the submission of the statement, Ld. APP for state gave a statement before the court on 25.04.2013 that the accused Shobhan Mittal be made an approver in the case and granted pardon.
Ld. APP submitted that the accused had only been charged for possession of a small amount of cocaine whereas the other 2 persons had been charged after been found in possession of 10 grams and 110 grams of cocaine and may also have been part of a chain of trafficker of drugs. In view of the submissions made by Ld. APP and the statements given by Mittal in court, the application filed on behalf of accused Shobhan Mittal for grant of pardon has been approved only under the condition that he should make a full disclosure of the circumstances within his knowledge realed to the case.
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