SATPAL MANN Vs. STATE

JUDGEMENT

(1.) On 07.09.2010, at about 3.30 PM, Head Constable Baljit Singh of Crime Branch, Sector 18, Rohini, received a secret information that three persons, namely, Ganesh, Jafar Ali and Shafi Islam had been obtaining Ganja from Orissa, booked in parcels sent through post office, in connivance with the Satpal Mann, postman of Post Office Burari and that at about 5-6 PM, they would receive Ganja from the aforesaid postman near the house of Mahavir Tyagi in village Burari. The information was conveyed by Head Constable Baljit Singh to his superior ASI Ramesh. The informer was also produced before him. ASI Ramesh produced the secret information before Inspector Satyaprakash, who, in turn, intimated Additional DCP. The information was recorded vide DD No. 12 at about 3.55 PM and a copy of the DD was sent by ASI Ramesh to his superior officers. A raiding party headed by ASI Ramesh then reached near the house of Mahavir Tyagi in village Burari. At about 5.20 PM, the appellants Ganesh, Jafar Ali and Shafi Islam came in the street followed by the appellant Satpal after five minutes. All the appellants were identified by the secret informer, who thereafter left the spot. The appellant Satpal went inside the house of Mahavir and brought out parcels three each of which were handed over by him to the appellants Ganesh, Jafar Ali and Shafi Islam. As soon as they had kept their respective parcels on the road and the appellant Satpal handed over one more parcel each to them, all the four appellants were apprehended and were apprised of the information. They were also informed that it was their legal right to be searched in the presence of a Gazetted Officer or a Magistrate. They, however, declined to avail the offer. The response of the appellants Ganesh, Jafar Ali and Shafi Islam, they being illiterate was noted by ASI Ramesh on their respective notice, whereas the appellant Satpal Mann wrote his response in his own. Thereafter, the above-referred parcels were searched and were found to contain Ganja. The weight of 12 Ganja parcels, found in possession of appellants, individually was found to be 10.800 kg, 13.200 kg, 10 kg, 13.590 kg, 10.400 kg, 13.180 kg, 13.350 kg, 14.550 kg, 11 kg,10.500 kg, 11.200 kg and 10.900 kg The total weight of Ganja contained in the 12 parcels was found to be 142.67 KG. 500 Gram from each parcel was drawn as sample and after preparing their parcels, the samples were sealed with the seal of RC. The residual Ganja in each parcel was also sealed with the same seal. Form FSL was also filled on the spot and the seal of RC was affixed on it. The seal, after use, was handed over to Head Consstable Baljit Singh and the sample as well as the parcels containing the residual Ganja were deposited in Malkhana. The addresses on the parcels were found to be fake, when verified by the Postal Department. On 20.09.2010, the samples were sent to FSL. When examined in the laboratory, samples were found to be of Ganja. Accordingly, all the appellants were prosecuted under the provisions of NDPS Act.

(2.) The appellants were charged under Section 20 of the Act read with Section 29 thereof. Since they pleaded not guilty to the charge, as many as 14 witnesses were examined by the prosecution.

(3.) ASI Ramesh came in the witness-box as PW-12 and inter alia stated that on 07.09.2010, Head Constable Baljit Singh shared the secret information, which he had received, with him (the witness), whereupon, he produced the informer before Inspector Satyaprakash and apprised him of the facts. Inspector Satyaprakash, after verifying the information, forwarded the same to Additional DCP, SIT. The information was recorded by the witness vide DD Ex.PW-12A and its copy was sent to the senior officers. The raiding party having Field Testing Kit and weighing scale with it then reached Burari village. Some persons were requested to join the raiding party, but no one agreed. The members of the raiding party, all of whom were in civil dress, were deputed near the house of Mahavir Tyagi in village Burari. At about 5.20 PM, they noticed three persons coming in the street. The informer identified them as Ganesh (who has been declared PO), Jafar Ali and Shafi (appellants). After about five minutes, the appellant Satpal also came to the street and entered the house of Mahavir Tyagi. He came back with parcels wrapped in white clothes and delivered the same to the aforesaid three accused persons. The accused persons were checking the parcels and placing them on the ground. They were over-powered and the police party was introduced to them. They were informed about their legal rights to be searched in the presence of a Gazetted Officer or a Magistrate and the search of members of the raiding party was also offered to them. However, all of them declined to exercise their right, whereupon all the 12 parcels which Satpal had brought from the house of Mahavir Tyagi and handed over to Ganesh, Jafar Ali and Shafi Islam were checked and were found to contain Ganja in card boxes wrapped in white cloth parcel. Out of the 12 parcels, 9 were addressed to Ram Kumar, House No. 669, Gali No. 6, Baba Colony, Burari, whereas the remaining three parcels were addressed to Ramesh Bhati, KH-118124, Gali No. 4, Burari, Delhi. The slips of the post office were also tagged on each parcel. The total weight of Ganja found in the aforesaid parcels was 142.670 gram. According to the witness, he also noted down the EPP number of each parcel mentioned on the postal slip in the seizure memo as well as the rukka. The witness further stated that he drew two samples of 500 gram each from all the parcels, which were kept in four separate poly bags and given Serial No. 1A, 1B to 12A, 12B. Thereafter they were wrapped in cloth parcels. The remaining ganja was kept back in their respective boxes and parcels which were then kept in separate plastic bags and sealed with the seal of RC. The samples were also sealed with the same seal. After putting the same seal on FSL form, it was handed over to Head Constable Baljit Singh vide memo Ex. PW-2/J.