SATPAL SINGH @ GOGI Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) On 3.3.2006 at about 5:00 p.m., a secret information was received by Avnesh Kumar, Intelligence Officer (I.O.), from Shri Satender Kumar, another IO of NCB that a truck bearing No.PB-08P-9805 would pass through Haryana-Delhi border via Kapashera, NH8 at about 8:00 a.m. on 4.3.2006 with opium in it. It was also informed that Satpal Singh @ Gogi would be the driver of the truck. After it had been reduced into writing the information was submitted to the superior officer Mr. R.R. Kumar, Superintendent, NCB and a team was constituted. The aforesaid team reached Kapashera Border at about 7:00 a.m. and requested some persons present there, to be associated with it. One Neki Ram, resident of Chhawla Village and Shri Mahender Singh resident of Village Rangpuri agreed to remain present during the search and seizure. At about 8:00 a.m. truck bearing No.PB-08P-9805, which was coming towards Delhi was made to stop. The appellant Satpal @ Gogi was found driving the said vehicle. Another person, namely Aman, was the cleaner on the truck. The appellant Satpal was apprised of the information, NCB officials had with them and was told that the search of his person and the truck could be conducted in the presence of a Magistrate. The appellant Satpal, however, declined and stated that any officer could search him. After serving notice under Section 50 of the NDPS Act on him and explaining its contents to him, the truck was searched in the presence of the appellant as well as his cleaner and the public witnesses. During the aforesaid search, a plastic bag was found amongst the items loaded in the truck. On the bag being opened, black coloured substance kept in a white plastic was found in it. A small quantity of the aforesaid substance, when tested with field testing kit, gave positive result for opium. On being weighed, the opium inside the bag was found to be weighed 12.500 kg. Two samples of 25 gram each were drawn from the aforesaid substance and were sealed after keeping them into two envelopes which were marked as A1 & A2. The slips affixed on them were signed by NCB officials, the appellant, his cleaner and the public witnesses. The seal used for the purpose was NARCOTIC CONTROL BUREAU DZU-3. The residual substance was also duly sealed using the aforesaid seal.

(2.) The appellant Satpal @ Gogi as well as his cleaner Aman were served summons under Section 67 of the NDPS Act requiring them to appear in NCB office at 2:00 p.m. on 4.3.2006. The public witnesses Neki Ram and Mahender Singh were also served with similar notices to appear in NCB office on 4.3.2006 and 6.3.2006.

(3.) Shri Avnesh Kumar came in the witness box as PW5 and inter alia stated that on 3.3.2006, he received a telephonic information from Shri Satender Tomar, I.O. that a truck bearing No.PB-08P-9805 would pass through Kapashera border NH8 on 4.3.2006 and would lead to Ludhiana. He was also informed that the truck would be driven by one Satpal @ Gogi and narcotic drugs would be carried in the said truck. The information was reduced into writing Ex.PW5/A and was brought to the notice of Shri R.R. Kumar, PW9, who signed the same at point "C?. He further stated that on 4.3.2006, he along with Rajesh Kumar, Hawaldar Jagdish Chand, Sepoy Babu Lal and Sudhir Naik left NCB office in a Government vehicle and reached Kapashera border at about 7:30 a.m. There they met Neki Ram and Mahender Singh and requested them to be present during search and seizure. They agreed to the request made by him and stayed with them. I.O. Satender Tomar also reached the aforesaid spot at about 8:00 a.m. Thereafter the above-referred truck was spotted passing through the border towards Ludhiana and was stopped. The truck was being driven by the appellant Satpal @ Gogi. He as well as his cleaner came down once the truck was stopped. After introducing themselves to the appellant, they apprised him of the information which they had with them and told him that they had to search the truck as well as the persons moving in the truck. A notice under Section 50 of the NDPS Act was then served upon Satpal and Aman, who put their signatures on the same and desired that they could be searched by NCB officers. On searching the truck a plastic bag was recovered from it. On opening the bag, semi solid black substance was found in the aforesaid bag, which, on testing, gave positive result for opium and, therefore, two (2) samples of 25 gram each were drawn from it. The samples were kept first in two (2) separate white polythenes and in two (2) separate envelopes and sealed with the seal of NCB, DZU-3. The substance, on being weighed, was found to be 12.500 kg. The paper slip signed by the appellant Satpal, his cleaner, the public witnesses and by him (PW5) was pasted on both the samples before they were sealed. The remaining material was also sealed in the same manner, using the same seal. Summons under Section 67 of the NDPS Act were served upon the appellant as well as his cleaner Aman requiring them to appear in NCB office at 2:00 p.m. on the same day. He also stated that the seal used by him for the purpose of sealing had been taken from Shri R.R. Kumar, Superintendent vide entry Ex.PW9/A made in the movement register and the case property was deposited by him in the malkhana vide entry made in the register Ex.PW4/A. He also stated that on 4.3.2006, the appellant Satpal @ Gogi had appeared before him at NCB office and his statement was recorded by him.