FIRDOSKHAN KHURSHIDKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals arise out of a common judgment dtd. 30/11/2009 rendered by the Division Bench of the High Court of Gujarat whereby Criminal Appeal Nos. 1865 of 2006 and 1866 of 2006 preferred by the appellants herein i.e. Anwarkhan Jahilkhan Pathan and Firdoskhan Khurshidkhan Pathan, respectively were dismissed. By way of the said appeals, the appellants herein had assailed the judgment dtd. 6/6/2006 passed by the learned Additional Sessions Judge, Fast Track Court, Nadiad(hereinafter being referred to as the 'trial Court') in Special Case(NDPS) No. 5 of 2003 convicting the appellants for the offences punishable under Sec. 21 read with Sec. 8(c) and Sec. 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter being referred to as 'NDPS Act') and sentencing them to undergo rigorous imprisonment for ten years and fine of Rs.1.00 lakh each in default of payment of fine to undergo simple imprisonment for two years.

(2.) Shri Deepak Pareek(PW-2) posted as Intelligence Officer in the Narcotic Control Bureau(hereinafter being referred to as 'NCB'), Ahmedabad received a secret information at his office in the morning of 30/1/2003. The informer divulged that two persons would be delivering contraband/illicit substance at the ST Bus Stand, Kheda between 4:30 pm and 5:00 pm. The secret information also contained the description of features of the suspects and the clothes which they would be probably wearing. The information also provided that the contraband substance had been received from one Adilkhan and that the miscreants would be delivering it to a third person. Deepak Pareek(PW-2) jotted down the secret information, translated and converted it into a typewritten script and forwarded a copy thereof to his immediate superior officer.

(3.) Two panchas i.e. Manubhai(PW-1) and Amit R. Dantani were summoned to the NCB office, Ahmedabad where a preliminary panchnama taking their consent to participate in the proceedings was drawn. Deepak Pareek(PW-2) accompanied with other NCB officials and the panchas proceeded to ST Bus Stand, Kheda. The raiding party was divided into two groups. Upon reaching the bus stand at around 4:30 pm, they saw two persons, whose description was matching with the secret information, sitting near the public urinals of the bus stand. The officials observed that a bag was being held by one of the two suspects who handed the same over to the other and proceeded towards the exit gate of the bus stand. One group of the raiding team cornered the person who was holding the bag whereas, the second group followed the other person who was seen proceeding towards the exit gate of the bus stand. The first group after disclosing their identity to the suspect who was holding the bag, made enquiry about his identity and he gave out his name to be Anwarkhan(A-1). The second suspect, however, escaped from the spot and could not be apprehended by the group of officials who went in his pursuit. The bag held by Anwarkhan(A-1) was opened and two polythene bags containing suspected contraband material were found therein. The contraband substance was weighed at the bus stand and gross weight of the two polythene bags came out to be 2kg and 30 grams. As the spot where the suspect and the contraband were found was a busy public place, the NCB officers in order to avoid security issues thought it fit to move to the PWD Guest House adjacent to the bus stand for carrying out the seizure, sampling and sealing procedure. Accordingly, the team members along with the panchas, the suspect and the packet of contraband, moved to the PWD Guest House. Three samples were collected from each polythene bag and were sealed under the signatures of the panchas and the Intelligence Officer(PW-2) of the NCB. The second/final part of the panchnama was drawn up and completed at the PWD Guest House, Kheda. Summon under Sec. 67 of the NDPS Act was issued to Anwarkhan(A-1) by Deepak Pareek(PW-2) which was duly received by him. Statement of Anwarkhan(A-1) was recorded under Sec. 67 of the NDPS Act by Deepak Pareek(PW-2) and thereafter, he was arrested.