RAHIS AHMED Vs. STATE

JUDGEMENT

(1.) The facts giving rise to this appeal are that on 15th April,1991 A.S.I. Suraj Bhan of Narcotic Branch,Kamla Market received a secret information that one Rahis Ahmed of D.D.A. Quarters, Anand Nagar, Inderlok (appellant) would be returning from his home at 4.30 p.m. and that he would be carrying heroin with him. This information was passed on to A.C.P.Mr.J.P.Singh and a raiding party was organised comprising H.C. Sukhbir Singh, H.C. Ram Bhagat, Constable Satbir Singh, Constable Raj Kumar, S.I. Ramesh Rana, Constable Lekha Rani and A.S.I. Suraj Bhan himself. The said raiding party reached at Primary School No. 37 within the areaofP.S.Sarai Rohilla at about 4p.m and a nakabandi was arranged. At about 4.20 p.m. the accused was apprehended and an option was given to him whether he would like to be searched before a Gazetted Officer or a Magistrate, but he declined. On the search of the appellant a polythene packet from the right dub of his Tahmed was recovered. On opening the same it was found to contain a sustance like heroin. On weighment it was found 3-5 grams out of which a sample of five grams was separated. At that time Inspector Ram Saran Singh, S.H.O of P.S.Sarai Rohilla had also reached the spot.

(2.) As per the prosecution version the recovered heroin and the sample were packed in two separate pulandas and sealed by A.S.I. SurajBhan with inscription "SVY" and S.H.O. put his seal as 'HC'. The CFSL Form was was filled and the seal impressions were also marked thereon.

(3.) The appellant was tried and convicted by the Additional Sessions Judge and he was found guilty under Section 21 of the N.D.P.S.Act and was sentenced to undergo R.I. for ten years and a fine of Rs. 1 lakh; and in default of payment of fine he was to further undergo R.I. for one year.