RAJU PERSHAD GUPTA Vs. STATE

JUDGEMENT

(1.) Raju Parsbaci Gupla, hereinafter referred to as the appellant, was convicted by the Addl Sessions Judge for an offence punishable under Section 20 of the NDPS Act for having in his possession 18 kgs charas without any licence or permit and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lakh and in default of payment of fine to further undergo rigorous imprisonment for one year by his judgment daled 31.3.1990.

(2.) In brief the prosecution version is that on 6 6.88, at 2.20 p.m. a secret information was received at police station New Delhi Rly Station that a person was sitting near the latrine at the end of platform 10-11 at New Delhi Railway Station and he was in possession of charas. This information was reduced into writing in daily diary at SI No. 15-A (Ex. Public Witness 8/A) and it was passed on to Jai Narain SHO of police station New Delhi Railway Station At the instance of the SHO a raiding party was arranged by SI Ram Singh which included SI Rishi Pal Rana, HC Abhimanyu constable Darshan Singa, ASI Prem Nath Gupta and a witness from public Gopi Ram Jain At 245 p.m., on the pointing of the informer the appellant who was sitting on a bedding was apprehended at platform 10-11 near the latrine at New Delhi Railway Station The secret information was conveyed to him and he was asked whether he would like to be searched before a gazetted officer or a megistrate but he dectined to be searched in that way Head Constable Abhimanyu was instructed to inform Shri Ganga Sarup ACP Railway, and to request him to come to the spot The ACP Ganga Sarup reached the spot at 3 30 pm. and he interrogated the accused and satisfied himself that the accused bad in fact charas with him The olive green coloured holdall, which the accused was having was opened and on checking was found containing a bag of similar colour wrapped in a blanket The bag was tied with a 'Sutli' and on opening it was found containing charas in the shape of 'Dallies' wrapped in 'Momi' papers. There were four packets in all. On weighment the charas was found to be 18 kg in all. 50 grams was separated from each of the four packets as samples and another set of 50 grams was taken from each packet to determine the purity The samples and the residue were put in Pulandas and sealed with the seal of 'JN' belonging to the SHO Jai Narain There were 12 Pulandss in all. These pulandas as also the holdall, bag and blanket were seized The case properly and the samples were deposited in the Malkhana of the police station. The samples were sent to the CFSL and from the report of CFSL. ( Ex. Public Witness 8/E) it transpired that the sample on examination exhibited positive test of charas. Challan was put in the court and the appellant was charged with the offence pnnishable under Section 20 of the NDPS Act.

(3.) In support of its version, the prosecution examined as many as eight witnesses indulging SI Ran Siagh 10 The defence of the appellant is that it is a false case and the witnesses have deposed falsely. He came from District Aarah, Bihar, inconnection with the business of his brother who was running a cloth shop there. He was present a New Delhi Railway Station, as he wanted to go back to Bihar and he wanted to know whether ticket for his return journey was available and he was making enquiry at the station. He was having Rs. 3300.00 besides a suitcase. When he was making enquiry a person aged between 30 and 40 years approached him and he told that he could managed a reserved ticket provided Rs 400.00 is paid to him As he was to go back, be paid Rs. 400.00 to that person, but he did not turn up though he waited for him and when he was searching for him, be spotted him near the corner of a taxi stand and he apprehended him and asked him to either give him a ticket or refund the money and on that a scuffle took place and the appellant took him to the police glation where he was falsely implicated in this case.