DAVID R HALL Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The appellant has been convicted of offences punishable under Sections 20 & 28 read with Section 33 of the Narcotics Drugs and Psychotropic Substances Act, 1985, (for short "NDPS Act") vide judgment dated December 24, 1988 and has beer sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000 (one lakh) and in default to undergo further rigorous Imprisonmet for two years on the first clunt and similar sentences have been awarded on the second count with the directions that the substantive sentences of imprisonment shall run concurrently, vide subsequent order daied January 2, 1989. The appellant has filed this appeal challenging his conviction and sentences.

(2.) Facts, as have come out in the trial, in brief, are that SI Ram Kishore was on duty a.t the Palam Airport for purposess of security checking at the International Departure Hall on December 23, 1985 and at about 8.30 A.M. the security checking in respect of Syrian Airlines Flight No. RB 502 was in progress that the appellant, whose name and address were learnt later on after he was apprehended, came for checking and Sr raj Pal, who was also on security checking duty alongwith Sr Rani Kishore was also present, and that SI Ram 'Kishore in the normal way checked the person of appellant and felt something attached around the waist and abdomen of the appellant and then, he was thoroughly checked and it was found that the appellant was having charas concealed underneath white strap and the charas was in four pieces and after this recovery had been effected SI P. C. Mann, who was then working at Police Station Delhi Rirport. had arrived at the spot while patrolling the area in routine and he was apprised of the said recovery having been effected from the person of appellant. The appellant and the charas were handed over to the said Sub Inspector who took sample of 50 gms. each of the four pieces of charas which on weight was found to be I kg. 450 gms. He converted the samples as well as the remaining charas into sealed parcels and the seal was handed over to SI Ram Kishore and the case was got registered on the basis of Rakka Ex. Public Witness 5/A. The case property was deposited by SI P. C. Mann in the Malkhana of the Police Station and thereafter the samples were sent to the Central Forensic Science Laboratory and the report of the CFSL was received showing that the samples gave posiive test for charas. The passport, boarding card and the air ticket of the appellant were also taken into possession. The learned Additional Sessions Judge brought home the offence to the appsllant on the statements of Public Witness 4 SI Raj Pal, Public Witness 5 SI Ram Kishore and Public Witness 7 SI P. C. Mann.

(3.) The learned counsel for the appellant has vehemently argued that in the present case, all the mandatory provisions contained from Sections 41 to 55 of the NDPS Act have been deliberately violated by the Investigating Officer and thus, the appellant deserves to be acquitted. He has conended hat it was incumbent on the part of the Investigating Officer to have joined some public witnesses before effecting the recovery and failure to do so in the present case is fatal to the prosecution case. lie has placed reliance on Rattan Lal v. State, Criminal Appeal No. 111/86 decided on March 10, 1987 [32(1987) Delhi Law Times 1]. (1) I have gone through this judgment and find that in view of the peculiar facts appearing in that case it was held that non-joining of the public witnesses at the lime of making search had rendered the prosecution story doubtful.