BRIJESH KUMAR GUPTA Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) On 05.05.2006, in the night intervening 4/5th May, 2006, at about 2.00 AM, Shri Prem Khanduri, Intelligence Officer (IO), NCB, DZU, New Delhi, received a secret information that one Brijesh Kumar Gupta, a resident of Mainpuri, U.P., who was engaged in supplying heroin in Delhi, would come to Mayur Vihar, Akshar Dham Chowk between 03.00 to 4.00 AM, to supply huge quantity of heroin to his customers. Shri Prem Khundari recorded the aforesaid information and forwarded the same to his Superintendent Shri R.R. Kumar, who directed him to take necessary action. Shri Prem Khanduri collected the seal of NCB, DZU-5 from Shri R.R. Kumar, who was having charge of the seals. A raiding party consisting of NCB officers then reached the above-referred spot in a Government vehicle, driven by Shri Bhuvnesh, Sepoy, NCB, at about 2.30 AM. Three persons found present on the above-referred spot were requested to join the raiding party as witnesses. Out of them, two persons, namely, Ajit Singh, S/o Shri Ram Singh and Babu Khan, S/o Shri Akhlaq Khan agreed and were joined in the raiding party. At about 3.30 AM, the appellant/accused Brijesh Kumar Gupta came there carrying a bag on his right shoulder and stopped at the side of Nizamudding bridge, waiting for someone to come. When the aforesaid person started stopping some auto-rickshaws to go towards Nizamudding bridge, the IO stopped him, introduced himself as well as the other NCB officers and the witnesses and also informed him about the secret information he had. A notice under Section 50 of NDPS Act was also served on him and he was told that if he wanted, he could opt to be searched before any Gazetted Officer or a Magistrate, under his legal right. The appellant, however, declined the said option, whereupon Shri Prem Khanduri took the bag which the appellant was carrying on his right shoulder and searched the same. It was found to contain three transparent packets containing light brown coloured powder wrapped in a towel. On testing powder from the said packets, it gave positive test for heroin. On weighing, two packets, which were marked as A and B, were found to contain 2kg each of heroin, whereas the third bag, which was marked "C", contained 3 kg of heroin. Two representative samples of five gram each were drawn from all the three packets, which were marked as A1, A2, B1, B2 and C1, C2. The sample packets as well as the residual substance were sealed with the seal of Narcotics Control Bureau DZU-5, after separate paper slips bearing signatures of the appellant, the witnesses and the IO were pasted on them. The above-referred seal was also fixed on the test memos, prepared on the spot.

(2.) A summon under Section 67 of the NDPS Act was, thereafter, served upon the appellant, directing him to appear in NCB office at 7.00 AM on 05.05.2006. Accordingly, the appellant appeared before Shri Akhilesh Mishra, Intelligence Officer, NCB and made a voluntary statement, inter alia, admitting that the substance recovered from him was heroin.

(3.) Immediately, on returning to NCB office, Shri Prem Khundari deposited the samples, test memos as well as the residual substance in the Malkhana of NCB, whereas the seal of Narcotics Control Bureau DZU-5 was retuned to Shri R.R. Kumar. The appellant was got medically examined in Safdarjung Hospital on 06.05.2006 and produced in the Court on the same date. The samples A1, B1 and C1 were sent to CRCL along with the test memos on 08.05.2006 through Shri Bhuvnesh, Sepoy, NCB, which were received by Shri A.K. Singh, an official of CRCL. On being analysed in the laboratory, the aforesaid substance was found to be heroin. The appellant was, therefore, prosecuted under Section 21(c) of NDPS Act.