VIJENDRA @ BEHRA Vs. STATE

JUDGEMENT

(1.) By this judgment, I will dispose of this appeal filed by the appellant against the judgment passed by the learned Trial Court dated 12.9.2005 wherein the learned Additional Sessions Judge has convicted the appellant and sentenced the appellant under Section 20 NDPS Act to undergo ten years RI and to pay a fine of Rs. one lac and in default of payment of fine, the convict would further undergo RI for two years.

(2.) It is the case of the prosecution that secret information was received at the police station on 09.4.2004 by SI Ramesh Dutt from one informer that one boy namely Vijender aged about 24-25 years who is indulging in sale of Ganja would come from Jahangir Puri via Railway Track No. 7 towards Shalimar Bagh and he was carrying large quantity of Ganja with him. On receiving this secret information, a raiding party was organized and accordingly the appellant was apprehended by the police on 09.4.2004 at 7.30 PM. The appellant was found carrying 20 kgs of Ganja in a white color plastic bag which was seized by the police.

(3.) The charge was framed against the accused under Section 20 of NDPS Act to which he pleaded not guilty and claimed trial. The prosecution has examined seven witnesses in support of its case. PW6 SI Ramesh Dutt has deposed before the court that on 09.4.2004 he was posted at Shalimar Bagh Police Station when he received secret information from the informer that one boy namely Vijender who was indulging in the sale of Ganja would come nearby Railway Track No. 7 towards Shalimar Bagh carrying large quantity of Ganja with him. He organized a raiding party comprising of PW1 Const. Rampal and PW2 Const. Kaptan Singh. The raiding party along with the informer went to the alleged spot and the SI requested 5-7 public persons to join the raiding party but none agreed. At about 7.20 PM nakabandi was done. The appellant was seen coming from the railway track at about 7.30 PM and he was carrying white colour plastic bag on his shoulder. On pointing out by the informer towards the accused, he was apprehended by him and his raiding party. On personal search of the accused, Ganja was recovered from the bag of the appellant which he was carrying. A notice under Section 50 of NDPS Act was served upon the accused by him and then he weighed the Ganja which was found to be 20 kgs. Out of 20 kgs of Ganja, 1 kg Ganja was separated as sample and kept in a separate parcel. The remaining Ganja was kept in the plastic bag in which it was recovered and then it was converted into a cloth parcel. He then sealed both the parcels with his seal of RDS and filled in FSL form and affixed his seal of RDS over it and handed over the seal to PW2 Const. Kaptan Singh.