HARLEY Vs. STATE

JUDGEMENT

(1.) THE appellant -Harley impugns the legality and correctness of a judgment dated 26.04.2011 in Sessions Case No. 105/2006 arising out of FIR No. 43/2003 registered at Police Station Sarai Rohilla Railway Station by which he was convicted for committing offences punishable under Section 21 (b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'NDPS Act'). By an order dated 12.05.2011, he was awarded RI for 20 years with fine Rs.2 lacs under Section 29 and RI for ten years with fine Rs.1lac under Section 21(b) NDPS Act.

(2.) THE prosecution case, as reflected in the charge -sheet, was that on 20.09.2003, ACP Ravi Shanker of Inter State Crime Cell got information that Raj Kumar Mehta was smuggling 'Smack' from Pakistan and had been 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 on the 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 both were apprehended. The green bag recovered from Pradeep Kumar Chawla contained two packets of 'Smack' each weighing 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. from near Gol Dak Ghar. Inder Singh was found in possession of one kilogram 'Smack'. At that time, Harjinder Singh @ Jinda was sitting in the driver -seat of Indica Car bearing No. HR -38 -FT -9720 and at his instance, a 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 under ground near Japani Park was recovered. Pursuant to Harjinder Singh @ Jinda's disclosure statement, Harley (the present appellant) 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. On his personal search, a mobile phone and a telephone dairy were also recovered. He was taken to his room at village Munirka, however, nothing objectionable was recovered from there.

(3.) 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 a charge -sheet under Sections 21/23/24/29 NDPS Act was submitted against all of them before the court. They were duly charged and brought to trial. To substantiate its case, the prosecution examined seventeen witnesses. In their 313 Cr.P.C. statements, the accused persons pleaded false implication. They examined Harjit Singh (DW -1), Ashok Kumar (DW -2), Vijender Singh (DW -3), Sandhya Meta (DW -4), Krishna Rani (DW -5) and Avtar Singh (DW -6) in defence. After appreciating the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment, held all of them guilty for committing offence under Section 29 of NDPS Act. In addition Pradeep Kumar Chawla, Harjinder Singh @ Jinda and Mohd. Hanif were convicted under Section 21 (c) of NDPS Act; Inder Singh and Harley were convicted under Section 21 (b) of NDPS Act. By an order on sentence dated 12.05.2001 they were awarded various prison terms. All the sentences were directed to operate concurrently.