SUNIL CHAUDHARY Vs. STATE

JUDGEMENT

(1.) INSTANT appeal is being filed on behalf of appellant from Jail to assail the impugned judgment dated 26.08.2004 whereby learned Additional Sessions Judge, Special Court under NDPS Act, Delhi held guilty of the offence under Section 20 of the NDPS Act for possessing 9 KGs of charas in contravention of the Act; and vide order on sentence dated 28.08.2004, he was sentenced to undergo rigorous imprisonment for a period of ten years and fine of ` 1.00Lacs (Rupees One Lac only) under Section 20 (c) of NDPS Act.

(2.) THE case of the prosecution in brief is that on 02.04.2003, ASI Ashok Kumar, HC Ayjaj Khjan, Ct.Ajay and Ct.Mahender were on patrolling duty and were present at East Passenger Hall, Old Delhi Railway Station. At about 09:00PM, secret information was received by ASI Ashok Kumar that a young man was standing at East Passenger Hall, near prepaid booth and was having cloth bag which contains charas and he was awaiting for somebody. If raid is conducted immediately, then he could be apprehended. This information was conveyed to other members of police party by ASI Ashok Kumar and he also requested 5 or 6 passengers and disclosed them the secret information and asked them to join the raiding party. One person namely, Mohd. Liyakat son of Irfan, r/o H. No.86, Gali No.9, Khajoori Khas, Delhi of his own free will came forward to join the raiding party. Without waiting further, ASI Ashok Kumar organised a raiding party of police officials and above named public person and the secret informer.

(3.) FURTHER investigations were handed over to SI Arjun Singh, who reached at the spot. ASI Ashok Kumar handed over the documents prepared by him as well as appellant to SI Arjun Singh, who in turn prepared the site plan Ex.PW7/A and also recorded statement of ASI. SI Arjun Singh received the copy of FIR through Ct. Mahender. Thereafter, he arrested the appellant vide memo Ex.PW3/B and his personal search was conducted vide memo Ex.PW3/C.