IBRAHIM Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) APPELLANTS have been convicted under Section 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short hereinafter referred to as "the Act") by the trial court; sentenced to undergo rigorous imprisonment for ten years each with fine of Rs.1 lac each and in default of payment of fine to undergo simple imprisonment for six months. Benefit of Section 428 Cr.P.C. has also been extended to them.

(2.) AGGRIEVED by their conviction as also the sentences as handed down to them by the trial court, appellants have preferred the above noted appeals, which arise from the same incident, FIR and judgment; thus, are disposed of together.

(3.) AT about 4 PM two boys were seen coming down from the staircase. Mohd. Ibrahim (whose name was disclosed after his apprehension) was carrying two brown coloured rexine bags on his shoulders and one blue coloured suitcase in his right hand. Modu (whose name was also disclosed after his apprehension) was carrying a black coloured rexine bag. Both of them were intercepted. Notice under Section 50 of the Act was served on the appellants and they were asked, whether they wanted to be searched in presence of a Magistrate or Gazetted Officer at which they stated that they were not willing to be searched before a Magistrate or Gazetted Officer. Raiding party searched the bags and suitcase, which Ibrahim was carrying and green coloured leaves were recovered. Similarly, from the bag of Modu similar kind of leaves were recovered. It was found to be ,,ganja. The total quantity of ganja recovered from Mohd. Ibrahim was 51 kg; whereas the total quantity of ganja recovered from Modu was 29 kg. Sample of 1 kg each was separately taken from each bag/suitcase and sealed in four separate pullandas with the seal of YPS. FSL forms were also prepared at the spot. Seal was affixed on FSL form as well. The seal of YPS was handed over by ASI Yeshpal Singh (PW2) to Constable Rakesh Kumar (PW3). In the meanwhile, Inspector Satya Pal Singh (PW6) along with his staff arrived there. He was informed about the seizure. He also affixed the seal of SPS on the pullandas and FSL forms. He took pullands, FSL forms along with carbon copy thereof in his possession and later deposited the same in the malkhana on the same day.