PRADEEP KUMAR CHAWLA @ CHHOTTU Vs. STATE

JUDGEMENT

(1.) The appellant- Pradeep Kumar Chawla @ Chhottu 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 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 (the appellant herein), Harjinder Singh @ Jinda, Inder Singh, Mohd.Hanif 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.

(3.) During the course of arguments, learned counsel for the appellant on instructions from Pradeep Kumar Chawla @ Chhottu stated that he (the appellant) has opted not to challenge the conviction under Section 29/21 (c) of NDPS Act. He however, prayed to take lenient view and reduce the substantive sentence to the period already undergone by him.