LAWS(DLH)-2020-1-175

STATE Vs. FAROOQ

Decided On January 08, 2020
STATE Appellant
V/S
FAROOQ Respondents

JUDGEMENT

(1.) The State has filed the present petition seeking leave to appeal against a judgment dated 29.08.2019 passed by the Additional Sessions Judge-03 (Shahdara District), Karkardooma Courts, whereby the respondent was acquitted of the charge under Section 20 of the Narcotics and Psychotropics Substances Act, 1985 (hereafter the 'NDPS Act'). The State contends that the Trial Court had erred in not appreciating the evidence on record and for taking into account minor discrepancies in the testimonies of the prosecution witnesses and acquitting the respondent (accused) on the said basis.

(2.) The case of the prosecution is that on 10.02.2016, ASI Devi Ram/ IO (PW3), HC Sardar Singh (PW4), and Ct. Sunil (PW2) were on patrolling duty and at about 3:30 pm, they reached Peeli Mitti Ground near TLM Hospital where they saw the accused (respondent herein) sitting by the side of the road on a white plastic sack. On smelling the odour of ganja coming from the bag, they intercepted the accused and information was conveyed to the SHO, who gave directions to conduct the proceedings. On interrogation, the accused disclosed his name and the IO prepared a notice under Section 50 of the NDPS Act and apprised the contents of the notice to the accused. The accused was also apprised by the IO regarding his legal right of being searched in presence of a gazetted officer or Magistrate. However, the accused neither searched the patrolling party nor exercised his right to be searched before a Gazetted Officer or Magistrate at the spot. The accused stated that he was illiterate and could only sign.

(3.) Thereafter, the IO searched the accused but nothing incriminating was found in his possession. When the IO opened the sack, a substance, which looked like ganja was found. Thereafter, the IO sent HC Sardar Singh (PW4) to PS Nand Nagari and he returned with an electronic weighing machine at the spot. The said weighing machine was not functional as it was not charged; it was made functional by stopping a TATA 407 on the spot and powering the weighing machine with the battery of that vehicle. The entire ganja, along with the plastic sack, were weighed and it was found to be 37 kgs. The recovered ganja was mixed randomly and two samples of 1 kg each were taken out and kept in two transparent jars and the samples were wrapped in white cloth and two pullandas were prepared and sealed with the seal of DRS. The remaining ganja (i.e. 35 kgs) was sealed in a white plastic sack and the mouth of the sack was also sealed with the seal of DRS.