RAVINDER Vs. NCT OF DELHI (STATE)

JUDGEMENT

(1.) Ravinder Kumar, in this appeal challenges the impugned judgment dated 27th August 2007 passed by the Special Judge, NDPS in SC No. 23/N/04 convicting him under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act') and the order on sentence dated 30th August 2007 whereby the Appellant was sentenced to rigorous imprisonment ('RI') for ten years with fine of Rs.1 lakh and in default to undergo further simple imprisonment ('SI') for six months.

(2.) At the outset it must be noticed that in the order on sentence dated 30th August 2007 itself, the trial Court noticed that the Appellant had been in custody since the date of his arrest i.e. 25th February 2004. He continued to remain in custody till 23rd July 2010 when he was granted bail by the Supreme Court of India by an order of that date. This leads to an unexpired portion of sentence of 03 years, 07 months and 02 days.

(3.) The case of the prosecution was that on 25th February 2004, Sub Inspector ('SI') Attar Singh, PS: Narcotics Branch had received an information around 9.45 am that the Appellant who is a resident of 3rd Pushta, Trans Yamuna area and who deals in supply of opium would come via Iron Bridge to Sanjay Amar Colony between 11.30 am and 12.30 pm in order to supply a huge quantity of opium. This information was placed before Inspector PS Hooda, SHO PS: Narcotics Branch. In turn, Inspector Hooda informed ACP Mehar Singh on telephone, who then ordered for the raid to be conducted. DD No. 16 was lodged and a raiding team was formed consisting of Constables Naresh Kumar, Ravinder Kumar, Virender Kumar and Rajbir. The raiding party started from the PS at 10:30 am along with an informer in a government vehicle driven by Constable Satbir Singh and reached the Iron Bridge at around 11 am. According to SI Attar Singh, he asked four passers-by and four jhuggi dwellers to join the raid but they refused. The SI then detailed the members of the raiding party and carried out a Nakabandi. At around 11:45 am, the Appellant was seen coming from the Iron Bridge towards Trans Yamuna holding a thaila in his right hand and, upon being identified by the informer, was apprehended by the raiding party. After being served a notice under Section 50 NDPS Act and after declining to get himself searched before the Gazetted Officer/ Magistrate, a search of the Appellant was conducted by SI Attar Singh. The blue coloured rexine thaila was found to contain a pink coloured polythene bag which in turn contained a transparent polythene bag containing a black coloured sticky substance which was tested on the field testing kit which gave a positive result for opium. The total weight was found to be 5 kg. Two samples of 25 gms each were taken out in two separate envelopes. They were separately sealed with the help of rubber bands and were put in two separate envelopes and were given Marks-A and B. The remaining opium was converted into a cloth parcel and was given Mark-C. Form FSL was then filled up.