AJAY KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18/05/1999 and order dated 19/05/1999 of an Additional Sessions Judge convicting the appellant-accused under section 20 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the Act') and sentencing him to undergo RI for 10 years and pay a fine of Rs.1 lakh. In default of payment of fine, appellant is to further undergo SI for one year.

(2.) Case of the prosecution, in brief, is that on 1 7/01/1997 Inspector R.S.Dahiya, PW-5 received secret information that two boys having charas concealed in two plastic tins, would reach Delhi from Patna. This information was recorded in the D.D. at serial No.16-A at 5.30 pm. On instructions of PW-5 a raiding party was organised by SI Chand Ram, PW-10 and HC Gajinder Singh, PW-2 Constables Ayaz Khan, PW-3, Kallu Singh and Rajnath were included therein. On reaching Old Delhi Railway Station, PW-1 Bansi Lal running a book stall there, was also included in the party by PW-10. Thereafter, nakabandi was made at Platform No.6. Kalka mail reached the platform at 8.05 pm. Appellant who was carrying a bag on his left shoulder was apprehended at the pointing out of informer alongwith Abhay Kumar from towards north side of platform around 8.15 pm by PW-10. Appellant was given notice Ex .PW-10/A under section 50 of the Act. He refused to be searched either in the presence of a Magistrate or Gazetted officer. It is further alleged that in the meantime PW-5 also reached the said platform alongwith HC Suresh Kumar, PW-8 at about 8.20 pm. PW-8 was deputed to fetch scale and weights and call the ACP. At about 8.40 pm ACP Jai Pal Singh, PW-4 reached the spot. The bag carried by appellant was found containing a plastic tin. On opening, 9 packets containing charas wrapped in polythene paper were recovered from beneath the pickle from the plastic tin. On weighment, total weight of 9 packets came out to be 9 kgs out of which 50 grams was separated as sample. Sample and remaining charas were converted into separate parcels and sealed. CFSL form was filled in and specimen of both the seals affixed thereon. Recovered charas was seized vide Memo Ex.PW-1/A. On basis of rukka Ex.PW-9/B, FIR (carbon copy Ex.PW-3/B) was registered. Sample parcel was sent for analysis to CFSL, Chandigarh and as per report Ex.PW-9/A same was found to be of charas (Cannabis). After completing investigation, chargesheet was filed against the appellant. Separate chargesheet was filed against said Abhay Kumar from whom similar quantity of charas was recovered, before Juvenile court, he being Juvenile.

(3.) In the statement under section 313 Cr.P.C. stand taken by appellant was that he had been falsely implicated in the case.