SUNIL KUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal is against the judgment of conviction of the appellant under Section 20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (,,NDPS Act in short) by the Additional Sessions Judge vide judgment dated 25th August, 2007 and sentence of rigorous imprisonment for eleven years and a fine of Rs. 1,00,000/- with a default stipulation awarded to him vide order dated 29th August, 2007.

(2.) THE brief facts of the case are that on 11.10.01 Sub-Inspector Rohtash(PW-9) along with Head Constable Ashik Ali(PW-12), Constable Arvind Kumar(PW-2), Constable Rohtash Kumar(PW-7) and Constable Sunder Lal(PW-8), all of whom were posted at Bhajanpura police station, were checking vehicles and pedestrians at night time at 66 foota road, near MCD office, C-12 Yamuna Vihar, Delhi. At about 9.15 p.m. one person(accused-appellant Sunil Kumar) was seen by Sub-Inspector Rohtash Kumar coming from Seelampur side. He was carrying a yellow coloured polythene bag in his hand. On seeing the police picket that person started moving back. THE police officials got suspicious and so that person was apprehended by Sub-Inspector Rohtash Singh and constable Sunder Lal after chasing him and then on enquiry his name came to be known as Sunil Kumar. THE polythene bag in the hand of Sunil Kumar on being searched was found to contain a black coloured polythene bag in which four packets/slabs of some black coloured material in a transparent polythene packet (panni) out of which one packet of slab was broken from one side were also found. SI Rohtash on smelling that material found it to be charas. THE total weight of all the four packets was 1.8 kgs and out of that quantity 100 gms. was taken out as a sample for being sent to FSL and the same was kept in a pulanda which was sealed with the seal of RS. THE SHO of the area was on patrolling duty at that time and on being informed about that recovery of charas he had also reached the spot and he also put his seal of CSR on the pulanda of the sample charas. Remaining charas was sealed in a separate pulanda which was also sealed with the seals of RS and CSR. Sunil Kumar was given a notice under Section 50 of the NDPS Act before his personal search to find out if he was carrying more charas also but he declined to be searched before a gazetted officer or any Magistrate since already charas had been recovered from him. THEreafter his person was searched but nothing incriminating was found. Necessary paper formalities, like preparation of seizure memos, filling up of FSL form etc were completed at the spot. THE accused was arrested. THE sample of 100 gms. sealed at the spot was later on sent to the FSL where on being tested by PW-1, Sr. Scientific Officer, the sample material weighing 100 gms. was confirmed to be charas.

(3.) I have heard learned counsel for the appellant and the learned Additional Public Prosecutor for the State and have also given thoughtful consideration to the submissions made by them with regard to the evidence adduced by the prosecution and the findings of the learned trial Judge.