MD. SARVAR Vs. STATE

JUDGEMENT

(1.) The appellant has filed the captioned appeal, inter alia, impugning a judgment dated 03.09.2015 passed by the Special Judge - NPDS, Patiala House Courts, New Delhi whereby the appellant was convicted of the offence under Section 21 of the Narcotic, Drugs and Psychotropic Substances Act , 1985 (NDPS Act ). The appellant also impugns an order dated 07.09.2015, whereby he was sentenced to serve rigorous imprisonment for a period of ten years and a fine of 1,00,000/- and in default of payment of the said fine, to undergo simple imprisonment for a period of six months.

(2.) The prosecution's case, in brief, is that on 05.04.2011 at about 10:30 am, secret information was received by the Special Cell CR, New Friends Colony that one Afghan national would be coming at about 3:00 pm to deliver a consignment of drugs to a Nigerian national. A raiding team was constituted and tasked to reach the spot. On their way, the IO tried to include five-six passersby as witnesses, however, they declined to do so.

(3.) At about 02:40 pm, two persons were identified by the secret informer as the said Afghan and Nigerian nationals. The Afghan national, thereafter, took out a packet from his front pocket and handed over the same to the Nigerian national. At this point, both persons were apprehended. On enquiry, their names were revealed as Emeka Paul (Nigerian national) and Md. Sarvar (Afghan national). They were, thereafter, apprised of their legal rights and notices under Section 50 of the NDPS Act were served to them. Upon the search of Emeka Paul, a white coloured polythene was recovered from him, which had been handed over to him by Md. Sarvar. The said packet contained 800 grams of a cream/brown coloured powder, which tested positive for Heroin. On Md. Sarvar's search, one packet was found tied to his right leg. The said packet too contained 860 grams of a cream/brown coloured powder, which tested positive for Heroin.