MOHD SHAFI AND ORS Vs. STATE AND ORS

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 07.03.2008 and order on sentence dated 11.03.2008 in Sessions Case No.137/2007 FIR No.477/2004 P.S. Samay Pur Badli in terms of which the appellant has been convicted for the offence under Section 20 of the Narcotics Drug and Psychotropic Substances Act (for short 'NDPS Act') and sentenced to undergo RI for the period of 10 years and also to pay a fine of '1 lakh , in default of payment of which to undergo SI for further period of six months.

(2.) Briefly stated, case of the prosecution is that on the night intervening 4th and 5th September, 2004, Constables Sudhir (PW2) and Constable Jagbir (PW3) were on patrol duty at Bhalsawa Dairy Pushta, Ganda Nala. At about 4:30 am, they noticed the appellant coming from the side of G.T.K. Road, Pushta Ganda Nala. Appellant was carrying a plastic "katta" (bag) on his head and a "jute thaila" (bag) in his hand. On seeing the police officials, the appellant took an about turn and started walking at a brisk pace. Constable Sudhir and Constable Jagbir got suspicious and apprehended him. On interrogation, the appellant disclosed his name as Allauddin S/o Mohd. Rashid, R/0 A-3/12, J.J. Camp, Bhalsawa Dairy, Delhi. The plastic "katta" and the "jute thaila" were checked and the "katta" as well as the "thaila" were found to contain "ganja" wrapped in newspapers and plastic "panni". Constables conveyed this information to the Police Station on wireless which was recorded as DD No.34A (Ex.PW5/A) at 5:05 am on 05.09.2004. SHO, P.S. Badli was informed and copy of DD report was entrusted to SI Dhananjay Gupta (PW6) for necessary action. SHO along with SI Dhananjay Gupta along with other staff left the Police Station for the place of recovery. On reaching there, 3/4 passersby were requested to join the proceedings, but they declined to join as witnesses and left without disclosing their names and addresses.

(3.) The "jute thaila" was found to contain "gudri" (piece of cloth) wrapped in red colour plastic "panni" and the said "gudri" contained 6 kgs of "ganja", out of which, 1kg "ganja" was separated as a sample and sealed in a parcel and remaining 5 kg "ganja" along with "gudri" was kept in the plastic "panni" and converted into a sealed packet.