MANIK SHEKH Vs. STATE

JUDGEMENT

(1.) The challenge in this appeal under Section 374 of Code of Criminal Procedure is to the judgment and order on sentence dated 24.10.2013 passed by learned Special Judge, NDPS, Rohini Courts whereby the appellant- Manik Shekh was convicted under Section 20 (b)(ii)(b) of NDPS Act and sentenced to undergo rigorous imprisonment for three (3) years and six(6) months and fine of Rs.60,000/-, in default to undergo simple imprisonment for six months. Benefit of Section 428 Cr.P.C. was given to the appellant.

(2.) The factual matrix as has been undraped by the prosecution is that on 20.03.2012, SI Manoj Kumar received a secret information that a person would come with ganja in plastic katta and would go from Shani Temple, JJ, Colony, Bawana via dry canal towards F-Block, JJ Colony, Bawana, Delhi between 7 to 9 pm. The informer was produced before SHO and after satisfying himself, he instructed SI to proceed further. A raiding team comprising of SI Manoj Kumar, HC Chaman Prakash, Constable Naresh and Constable Surender was formed which left for the spot in a private vehicle and after reaching the spot they asked 5-6 public persons to join them, but all of them refused. Raiding team members were positioned at the stated spot at 6.55 pm. At about 7:20 pm, informer pointed out towards a person who was wearing a striped red shirt and salete pant and was carrying a white colour plastic katta on his right shoulder. He was apprehended by HC Chaman Prakash and SI Manoj Kumar near the temple and on inquiry he disclosed his identity as Manik Sheikh. SI introduced himself and police party to the accused and told about the secret information. Notice under Section 50 of NDPS Act was given and interpreted. He refused to avail this legal right. Thereafter, he was asked to search HC Chaman Prakash as accused was to be searched by that HC, but accused turned down that offer also. HC Chaman Prakash did not find anything incriminating in the personal search of the accused/appellant. Thereafter, he checked the plastic katta and took out a white polythene emanating a foul smell like ganja. HC Chaman Prakash produced that polythene to SI Manoj Kumar who found it containing ganja. It was weighing 5 kg. Two samples of 200 gms were separated, parcels were prepared and serial nos. 1 &2 were given. Remnant ganja of 4.600 kg was put in the same polythene which was again put in the same plastic katta. FSL form was filled and all these articles were sealed with the seal of MS and seal after use was handed over to HC Chaman Prakash. Rukka was handed over to constable Naresh on the basis of which FIR Ex.PW4/A was recorded by PW4-ASI Ishwar Singh. SI Manoj produced three sealed pullandas having seal of MS with FSL form having same seal along with copy of seizure memo before PW6-Inspector Abhinender Jain who affixed his seal of AJ on all the three pullandas and FSL form. He deposited all the three pullandas duly sealed along with FSL form and copy of seizure memo with MHCM PW5-HC Rajesh. Further investigation was done by PW9-SI Kamal Singh. Accused was arrested. SI Kamal Singh sent report under Section 57 of NDPS Act with respect to the seizure and arrest of accused through SHO to PW3 ACP Harpal Singh.

(3.) Charge under Section 20(b)(ii)(B)/61/85 of NDPS Act, 1985 was framed against the accused/appellant to which he pleaded not guilty and claimed trial.