WILSON DAYAL Vs. STATE

JUDGEMENT

(1.) Shri Wilson Dayal, son of Nagdayal was convicted and sentenced to undergo rigorous imprisonment for 10 years and afine of Rs. l,00,000.00 . In default of payment of fine he was to undergo simple imprisonment for a period of 1-1/2 years. He was sentenced and convicted vide orders dated 7th November. 1987 and 10th November, 1987 respectively. Ms. Neelam Grover, Advocate, was appointed as Amicus Curiae since the petition was through jail. She has assailed the impugned order inter-alia on the ground that there is a clear violation of the provisions of Section 50 and 55 of the Narcotic Drugs and Psycotropic Substances Act (hereinafter called as the "Act"). There is a non-compliance of the provisions of law when the sealed sample was not deposited with the CFSL expeditiously but was deposited after two months. There was no filling of the CFSL form nor deposit of the same in the Moharar Malkhana leaving to the only irresistible conclusion that these was a tampering of the sample and the contents of the parcel.

(2.) In order to appreciate the point raised by Ms. Grover, at the bar, it will be worthwhile to know in brief the facts of the case.

(3.) That the appellant was found in the prohibited area under the jurisdiction of Air Force station Palam by two personnel of Air Force Police Station at about 2 p.m. on 18.9.1986. According to the prosecution story, the said two police personnel of air force namely warrant officer N.M. Gureja and Sg. Narain Singh were patrolling the are a. According to them the appellant was going on the road at that time. The appellant on seeing air force police, tried to retrace his steps which aroused suspicion and the air force police checked the appellant with a view to ascertain his identity. According to prosecution, just at that moment S.I. K.C. Ahluwalia and constable Ram Nath of Delhi Police happened to reach the spot where the appellant had been stopped.