WAISUDDIN Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The appellant, who has been convicted of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act vide judgment dated February 23, 1997 and has been sentenced to rigorous imprisonment for ten years and to pay a fine of Rs. l,00,000.00 (one lakh) and in default, to further undergo rigorous imprisonment for 2 1/2 years by subsequent order dated February 26, 1987 by an Additional Sessions Judge, New Delhi, has filed this appeal challenging his conviction and sentences.

(2.) Another appeal moved by the same appellant through Jail, being Criminal No. 243/87, is also being disposed of with this appeal. 2A. The facts of the case, in brief, are that Shri Tarsem Pal, Inspector Crime Branch, had some secret information with him that one Afghan national named Noori was indulging in large-scale in supply of drugs like heroin and was resident of Greater Kailash Part-II, House No. 553 and that he had also engaged other Afghan nationals in this nefarious

(3.) Inspector Tarsem Pal deputed SI Jagbir Singh and SI Swatantra Kumar to develop some concrete information and on December 23, 1985, a secret informer is stated to have come to the Crime Branch at about 12 Noon and informed that certain persons of Noori would be passing nearby Savitri Cinema at aboot 2 P.M and would be proceeding to house of Noori and they would be carrying heroin with them It is alleged that on receiving this secret information Shri Tariem Pal Inspector constituted a raiding party comprising of SIs Swatantra Kumar, Jagbir Singh,. Davinder Manchanda" Dewan Singh, ASI Hari Singh, Head Constables Jaiwant Singh, Ram Dass, Hari Ram, Manohar Lal and Constables Samey Singh, Udaibir Singh, Prem Chand, Subhash Chander and Shambhu Pershad and the raiding party alongwith the secret informer came in a mini-bus being driven by driver Rajinder Singh, to the Savitri Cinema and Inspector Tarsem Pal and Inspector Baldev Singh requested four or five passers-by to join in the raid but they expressing their difficulties declined to join the raiding party and left the spot. Realising. the shortage of time available the raiding party did not make further efforts for joining any public witnesses and proceeded to bold the Naqabandi at about 1.30 P.M. It is alleged that at about 2.15 P.M. three persons carrying bags on their shoulders came and were apprehended on being pointed out by the secret informer and their names were revealed as (1) Waisuddin (2) Khalil Ullah and (3) Ahmed Khalid and those persons were given option that their search could be carried out in presence of gazetted officer or Magistrate if they so desired but on their declining SI Kanta Prasad took search of bag of the appellant while SI Jagbir Singh took search of Khalil Ullah and SI Swatantra Kumar took Search of Ahmed Khalid. Six packets containing heroin weighing one kg each were recovered form the appellant and after taking six samples i.e. one sample from each of the packets, the packets and the samples were sealed with the seal bearing mark 'SK'. Similarly, front eight packets containing one kg heroin each were recovered from Khalil Ullah and six packets containing one kg heroin each were recovered from Ahmed Khalid and separate samples were also taken by the respective Investigating Officers from the said pickets and they were also scaled separately.