MOHD HANIF Vs. STATE

JUDGEMENT

(1.) THE appellant-Mohd.Hanif challenges correctness of the judgment dated 26.04.2011 in Sessions Case No. 105/2006 arising out of FIR No. 43/2003 PS Sarai Rohilla Railway Station by which he was convicted for committing offences punishable under Section 29/21 (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'NDPS Act'). Vide an order dated 12.05.2011, he was sentenced to undergo RI for 20 years with fine Rs. 2 lacs for each offence.

(2.) RAJ Kumar Mehta, Pradeep Kumar Chawla @ Chhottu, Harjinder Singh @ Jinda, Inder Singh, Mohd.Hanif (the appellant herein) and Harley were charge-sheeted under Sections 21/23/24/29 of NDPS Act on the allegations that on or before 20.09.2003, they entered into a criminal conspiracy to possess heroin illegally and unlawfully. It was further alleged that pursuant to the said conspiracy Pradeep Kumar Chawla was found in possession of 2 kilograms heroin. On 20.09.2003, ACP Ravi Shanker of Inter State Crime Cell got information that Raj Kumar Mehta was smuggling smack from Pakistan and was supplying it to other countries through his local and foreigner conduits. A specific information was received by ACP Ravi Shanker that on 20.09.2003 at about 01.00 P.M. Raj Kumar Mehta would come at Sarai Rohilla Railway Station to deliver smack to an associate. A raiding party was organised. At around 01.10 P.M., Raj Kumar Mehta was seen coming from platform No.1, Sarai Rohilla Railway Station. He stood near a toilet which was under construction. Pradeep Kumar Chawla came and shook hands with him. Raj Kumar Mehta exchanged the green bag in his possession with the packet in possession of Pradeep Kumar Chawla. They were apprehended. The green bag recovered from Pradeep Kumar Chawla contained two packets of smack each weighting 1 Kilogram. The packet recovered from Raj Kumar Mehta contained 23,000 US Dollars. Necessary proceedings were conducted and First Information Report was lodged. Pursuant to Raj Kumar Mehta's disclosure statement, Harjinder Singh @ Jinda and Inder Singh were apprehended around 06.00 P.M. near Gol Dak Ghar. Inder Singh was found in possession of one kilogram smack. At that time, Harjinder Singh @ Jinda was sitting at the driver-seat of Indica Car bearing No. HR-38-FT-9720 and at his instance the sweet box containing one kilogram smack was recovered from the dicky of the car. Subsequently, Mohd.Hanif, a Pak national, was apprehended at 09.00 P.M. from outside House No. H-3/45 in Sector-11, Rohini and at his instance 2 kilograms and 50 grams smack kept in a tube and concealed underground near Japani Park was recovered. Pursuant to Harjinder Singh @ Jinda's disclosure statement, Harley was apprehended on 22.09.2003 at about 01.00 P.M. from Munirka T-Point at Nelson Mandela Road near JNU and 300 grams smack was recovered from his possession. During investigation, two mobile phones from Pradeep Kumar Chawla and two mobile phones and four SIM cards from Harjinder Singh @ Jinda were recovered. Call details record revealed that all the accused persons were connected with each other. The samples of contraband were sent to Central Forensic Science Laboratory (CFSL), and as per its report, these contained Diacetylmorphine (heroin). Statements of the witnesses conversant with the facts were recorded. After completion of the investigation all of them were charge-sheeted. The prosecution examined seventeen witnesses to substantiate the charges. In their 313 Cr.P.C. statements, the accused pleaded false implication. They examined six witnesses in defence. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court, by the impugned judgment, convicted all the accused persons named above under Section 29 of NDPS Act and sentenced them to undergo RI for 20 years with fine Rs. 2 lacs each. Pradeep Kumar Chawla, Harjinder Singh @ Jinda and Mohd. Hanif were further sentenced to undergo RI for 20 years with fine Rs. 2 lacs each for committing offence under Section 21 (c) of NDPS Act. Inder Singh and Harley were further sentenced to undergo RI for 15 years with fine Rs. 1.5 lacs and RI for 10 years with fine Rs. 1 lac respectively for committing offence under Section 21 (b) of NDPS Act. All the sentences were directed to operate concurrently. Convicts were given benefit under Section 428 Cr.P.C.

(3.) I have heard learned counsel for the parties and have examined the record. Since the appellant- Mohd.Hanif has not opted to challenge the findings of the Trial Court on conviction under Section 29/21 (c) of NDPS Act and there is overwhelming evidence coupled with recovery, the order of conviction of the Trial Court qua him stands affirmed.