LAWS(DLH)-2000-12-31

KULWANT SINGH Vs. STATE

Decided On December 13, 2000
KULWANT SINGH Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) Criminal Appeal 248 of 1997 seeks to challenge the judgment and order dated 24.5.1997 of the learned Additional Sessions Judge in Sessions Case No. 73/96 arising out of a complaint filed by the Narcotic Control Bureau (for short 'NCB') through Mr. Surinder Singh wherein it is alleged that the accused, Kulwant Singh, on secret information dated 16.4.1996, (Ex. Public Witness-4/B) was apprehended in front of Sachha Sodda Gurudwara while he was going in his Maruti car bearing DBG 4157.

(2.) A raiding party, on the aforesaid secret information, was constituted which comprised of Mr.Shailender Sharma, Public Witness-5, Mr. Surender Singh, Public Witness-4, Mr. Manoj Sharma, Public Witness-3, Mrs. Suman Kumari, Public Witness-10. Acting on the information, the aforesaid car was signaled to stop but it spread away and was, as already stated, apprehended in front of Sachha Sodda Gurudwara. On the evidence adduced before him, the learned Judge found the appellant guilty of offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act') and by his order dated 26.5.1997 sentenced him to rigorous imprisonment for ten years and a fine of Rs. 1,00,000.00 and in default of payment of fine a further rigorous imprisonment for six months. It was the case of the prosecution before the trial Court that two panch-witnesses, Public Witness-1 and PS-2 were joined in the raiding party which attempted to stop the car and that Public Witness-5 had to fire six shots at the car which caused'minor damages to the car and the accused also received injury but was in his senses. Search was effected after notice under Section 50 of the Act was served upon the accused and warning given. On search of the vehicle, a sky blue polythene bag (Ex. P-4) was recovered. On opening the same it contained light brownish substance which was tested on the spot with the field testing kit and tested positive for heroin.

(3.) It is the case of the prosecution that as light had faided during the process of search, the recovered material was kept with Public Witness-2, the panch-witness, Mr. Balbir Singh inside the Sachha Sodda Gurudwara where the accused was also held in custody. The total weight of the recovered material was 0.980 Kg. Two samples of five grams were drawn and kept in two separate polythene bags. The recovered material as also the samples were sealed with the seal of NCB and paper slips signed by the ac cused, two panch-witnesses, Public Witness-4 and Public Witness-5. Panchnama (Ex. Public Witness-l/A) was drawn on the spot. Statement of the accused (ex. Public Witness-3/D) was recorded under Section 67 of the Act. Subsequently, oh the summons served upon him (Ex. Public Witness-3/B) by Mr. Manoj Sharma, the accused was arrested vide Memo (Ex. Public Witness-3/E). The sample was sent for analysis to the CFSL through Constable Devinder Singh (Public Witness-8) and tested by Public Witness-13. The report (Ex. Public Witness-3/A) showed the substance tested positive for heroin.