IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 2949 of 2010 (O&M) Date of Decision: January 17, 2011 Parshotam Lal Sondhi. …Petitioner Versus Directorate of Revenue Intelligence, Sub-Unit, Amritsar. … Respondent CORAM: HON’BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be Allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mrs. Kulwant Kaur Kahlon, Advocate, for the petitioner. Alok Singh, J. (Oral) Present petition is filed challenging the order dated 31.08.2010 passed by learned Additional Sessions Judge, Amritsar. The brief facts of the present case are that Intelligence Officer, Directorate of Revenue Intelligence, Sub-Unit, Amritsar, has filed a complaint on 23.03.2008 stating therein that they have received specific intelligence which was reduced into writing and sent to senior officers of Directorate of Revenue Intelligence that some narcotic drugs CRR No.2949 of 2010 were being transported in one Indica Car bearing registration No. PB-08-BB-7311; the officers of Directorate of Revenue Intelligence laid a naka at the Miran Kot Chowk, Ajnala Road, Amritsar; at about 0030 hours on 23.03.2008, one M-Grey coloured Indica car bearing registration No. PB- 08-BB-7311, coming from Amritsar City side was noticed and intercepted by them during the course of naka; the occupant of the car has revealed his identity as Parshotam Lal Sondhi son of Joginder Pal Sondhi, resident of 876 Arjan Nagar, Ladowali Road, Jalandhar. Parshotam Lal Sondhi on the questioning of the officer admitted to carrying the narcotic substances namely Heroin in the blue coloured suit case and plastic blanket cover lying on the rear seat of the car. The heroin, measuring about 22.250 kgs., was found from the car. Thereafter Parshotam Lal Sondhi along with his M-Grey Indica car were escorted to DRI Office situated at M-1/C, Green Avenue, Amritsar for carrying out further proceedings. One Mobile Phone, Motorola having SIM card No. 8991021205083644551 of Airtel was also recovered from the pocket of the accused Parshotam Lal Sondhi. Samples were drawn. It was stated by Parshotam Lal Sondhi that the said heroin was given to him by one Surinder Singh @ Bittu Atwal son of Baldev Singh, r/o Village Sammirpur, District Jalandhar for transporting the seized heroin to Taxi Stand situated at Rajasansi International Airport, Amritsar, 2 CRR No.2949 of 2010 to deliver the same to a person about whom the necessary directions will be conveyed to him. The earlier complaint was filed before the Court below under Sections 21, 23, 25, 28, 29, 60 of the NDPS Act, 1985. However, during the pendency of the complaint, co-accused Bittu Atwal was arrested and he has also suffered three admissions on 03.01.2009, 04.01.2009 and 05.01.2009, hence, necessity arises to file additional complaint incorporating therein voluntary statements suffered by Bittu Atwal. Learned counsel for the petitioner has vehemently argued that there is no provision in Code of Criminal Procedure to amend the original complaint, hence, Directorate Intelligence ought not to have been permitted to file amended complaint. In the opinion of this Court, Section 173(8) empowers the prosecution for further investigation in respect of an offence after report under sub-section (2) have been forwarded to the Magistrate. Since, Bittu Atwal was apprehended and suffered three statements on the subsequent stages, therefore, subsequent / additional complaint is not prohibited, mentioning subsequent events about arrest of and about the three statements suffered by co-accused Bittu Atwal. 3 CRR No.2949 of 2010 In the opinion of this Court, learned Magistrate was right in holding that merely writing amended complaint will not amount the subsequent complaint as an amended complaint, rather it is an additional complaint in view of further investigation wherein co-accused Bittu Atwal has suffered three disclosure statements. I do not find any illegality in the impugned judgment. Dismissed. January 17, 2011 ( Alok Singh ) vkd Judge 4