DINESH KUMAR Vs. STATE

JUDGEMENT

(1.) Dinesh Kumar was prosecuted under S. 20, Part II and S. 21 of the Narcotic Drugs and Psychotrophic Substances Act (hereinafter called as 'the Act'). He was tried, sentenced and convicted by the Additional Sessions Judge, New Delhi vide his order dated 27/02/1990 thereby sentencing him to undergo R. I. for a period of 10 years and fine of Rs. 1,00,000/- in default of payment of fine further R.I. for a period of one year.

(2.) It is against the said conviction and sentence that the present appeal has been filed inter alia on the grounds that provisions of Ss. 42, 50 and 55 of the said Act have not been complied with. That there were vital and material discrepancies in the statement of the witnesses which creates a doubt in the story set up by the prosecution and finally the alleged eye witness was a stock witness. This very Investigating Officer had used him as a witness in number of cases.

(3.) In order to appreciate the contention raised by the petitioner one must know the facts of the case. Briefly the facts of the case are that the Crime Branch of Delhi Police had received information that a person by the name of Dinesh Kumar, resident of District Bhind had been supplying Charas in South Delhi. This information on verification was found to be correct. Therefore, on 15/01/1988 at about 6 p.m. S.I. Om Parkash, I.O. of this case on receipt of secret information that Dinesh Kumar would supply Charas near Lal Sain Market, Ring Road, Lajpat Nagar organised a raiding party consisting of S.I. Harcharan Verma P.W. 1, Constable Brahma Nand P.W. 9 and Constable Dilip Kumar. It is further the case of the prosecution that this raiding party was constituted under the supervision of Inspector S. P. Singh. When this raiding party reached Lal Sain Market, S.I. Om Parkash requested 3-4 persons from the public to join the raiding party but they showed their inability. The Investigating Officer was ultimately able to persuade Shri Lakshmi Chand, P.W. 5 to join the raiding party. He agreed to do so. At about 8.15 p.m. Dinesh Kumar came to the D.T.C. bus stand situated near Lal Sain Market, Lajpat Nagar and on the pointing out of the informer he was apprehended. He was carrying a "Thela" in his right hand. S.I. Om Parkash informed him about the secret information that he was having Charas and that his search was to be conducted. The accused was given a chance of being searched in the presence of a Gazetted Officer or a Magistrate but he declined the offer. Accused was offered to search the person of the raiding party but this offer was also declined by the accused. On Thela being searched and checked, it was found that it contained a wrapped polythene bag containing the charas which on weighment came to 2 k.g. and 500 grams. 50 grams of charas was separated as sample. It was sealed in a parcel and the parcel was sealed with the seal of S.I. Om Parkash. Remaining charas containing the polythene bag was put in a 'Thela' and was sealed in the parcel with the seal of S.I. Om Parkash. The entire case property including two parcels containing sample and charas and other containing 'Thela' and the newspaper etc. as well as the polythene bag containing charas was taken into possession. CFSL form was filled up and the specimen of the seal O. P. was affixed on it. Ruqqa was sent along with two parcels and the CFSL form to the police station. Brahm Dutt produced two parcels before SHO Davinder Dutt Sharma who affixed his seal of D.D.S. on the parcel. Inspector Davinder Dutt Sharma deposited the parcels along with the CFSL form in the Malkhana of the Police Station.