INNOCENT UZOMA Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 23.12.2016 passed by the ASJ, Special Judge (NDPS), Saket Courts, whereby the appellant was convicted under Section 21(b) of the Narcotics, Drugs and Psychotropic Substances Act, 1985 (hereafter the 'NDPS Act') and Section 14(a) of the Foreigners Act, 1946. By an order dated 26.12.2016, the appellant was sentenced to undergo four years of rigorous imprisonment and a fine of 50,000/- for the offence under Section 21 of the NDPS Act. And, in default of payment of the said fine, to undergo simple imprisonment for a further period of three months.

(2.) The Trial Court had found that the appellant was guilty of being found in possession of 25 grams of cocaine. The principal controversy to be addressed in this appeal is whether the appellant's search conducted by police officials ­ which yielded 25 grams of cocaine ­ was not compliant with the provisions of Section 50 of the NDPS Act, as it was not conducted in the presence of Gazetted Officer/Magistrate.

(3.) Briefly, the case of the prosecution is that on 04.06.2015, SI Shiv Darshan Singh, Narcotic Cell, Crime Branch, Daryaganj was informed by a secret informer that a person namely Innocent, resident of the Arjun Nagar area, is a supplier of cocaine in Delhi and would be coming to Sudarshan Marg, Gautam Nagar, Delhi between 06:30 pm and 07:00 pm to supply cocaine. A raiding party was constituted, which reached the spot at about 06:30 pm. At 06:55 pm, the informer pointed towards the accused who was wearing black t-shirt and green capris. When the accused was 5-7 steps away from the police officials, he became suspicious and started going back. At this moment, he was apprehended by the raiding team.