ABDUL MALIK Vs. STATE

JUDGEMENT

(1.) ON 26.02.2004, the Special Cell of Delhi Police received an information that one Mohd. Sahid @ Antony Baba would receive some parcels containing ganja from the Post Office, Sri Niwas Puri or nearby post office between 11 am to 11.30 am. The information was recorded vide DD no.6 and the concerned ACP was informed, though not in writing. A raiding party was then organized under the leadership of Inspector Kulbhushan Sharma. The raiding party besides Inspector Kulbhushan Sharma, included SI Dinesh Kumar, ASI Ram Babu, ASI Ishwar Singh, Constable Deepak and constable Ravish. When the raiding party reached near Cambridge School, the informer pointed out three persons standing at footpath. One of them, who was an old man and was identified as Mohd. Sahid @ Antony Baba was carrying a parcel in his hand whereas his two associates Mohd. Aslam and Abdul Malik were found sitting on two parcels each, which had been kept on footpath. All the three persons were apprehended and were told that if they wished they could get their parcels searched by any Gazetted Officer or a Magistrate. They were also told that it was their right and they were also briefed about the duties and powers of a Gazetted Officer/ Magistrate. The notice under Section 50 of the NDPS Act was served on all of them. They, however, refused to get the parcels searched by any Gazetted Officer/ Magistrate. They also refused to take the personal search of SI Pankaj, who thereafter opened the parcels. The parcel recovered from the appellant - Mohd. Sahid was found addressed to him and on weighing it is weight was found to be 5 kg and 800 gm. The parcels recovered from Mohd. Aslam were also addressed to Mohd. Sahid @ Antony Baba and were found to contain ganja wrapped in polythene. The first parcel weighed 9.4 kg. The second parcel recovered from the appellant - Mohh. Aslam was also addressed to Mohd. Sahid and its weight was found to be 10 kg and 500 gm. The ganja was found wrapped in a polythene in this parcel as well. The first parcel recovered from Abdul Malik was also found addressed to Mohd. Sahid and contained ganja wrapped in polythene. The weight of the said parcel was found to be 12 kg. The second parcel recovered from Abdul Malik weighed 10 kg and 500 gm and contained ganja wrapped in polythene. This parcel also was addressed to Mohd. Sahid.

(2.) THE case of the prosecution is that SI Pankaj took 500 gm each from all the parcels as samples and thereafter the samples as well as the residuary substance were duly seized after they had been sealed with the seal of MS, which after use was handed over to Constable Ravish. This is also the case of the prosecution that the staff of Post Office Sri Niwas Puri was contacted and asked to keep a watch on such parcels. On 8.3.2004, an information was received from the Post Office that four more parcels addressed to Mohd. Sahid @ Antony Baba had been received. The said parcels were seized from the post office. The first parcel weighed 16 kg, the second parcel weighed 15 kg, the third parcel weighed 14.8 kg and the fourth parcel weighed 14.2 kg. After drawing 500 gm each as samples from the substance found in the aforesaid four parcels, the samples as well as the residual substance were duly seized after they were sealed with the seal of KS, which after use was handed over to Constable Adesh Kumar.

(3.) ON 17.3.2004, the post office informed the Special Cell that three parcels addressed to Vijay son of Billal had been received in the post office. Those parcels were also seized from the post office and on opening, they were found to contain ganja. Each parcel weighed 12.5 kg. This time also 500 gm each was taken out as sample from all the three parcels and the samples as well as residuary substance were seized after they had been sealed with the seal of KS.