NAUSHAD ALAM Vs. STATE

JUDGEMENT

(1.) THE case of the prosecution in nutshell is as follows. On 23.7.2009, four police officials, namely, S.I. Jagmal Singh, ASI Rajesh Tyagi, Head Constable Davis and Constable Chandra Bhan while on patrolling reached near North Yard Bridge at about 3.10 pm, when they noticed a person coming from the side of Platform No.12 with a polythene bag in his hand. On seeing the police officials, he stood back for a while and then turned back at a fast pace. On suspicion, he was apprehended by the police officials. On search of the polythene which he was carrying in his hand, it was found to contain two brown colour packets kept in polythene. A black colour substance in the shape of sticks/bars was found in those packets. On smelling, the aforesaid substance appeared to be charas. S.I. Jagmal Singh informed the SHO in this regard. He directed S.I. Jagmal Singh to take further action in the matter. Some passersby were requested to join the proceedings but no -one agreed to the request. A notice under Section 50 of NDPS Act was then served upon the appellant Naushad Alam informing him that it was his legal right to be searched in the presence of a Magistrate or a Gazetted Officer. The appellant responded to the said notice by writing, in his own hand, that he did not want to be searched in the presence of a Gazetted Officer or a Magistrate. Nothing else was found with the appellant. The substance recovered from the bag which the appellant was carrying with him, was weighed using the balance and weights which was procured from a nearby place. The total weight of the substance was found to be 1 kilogram. About 250 gms of the substance was taken as sample by taking small portions of each stick. The sample was sealed with the seal of 'JSM 'after it was wrapped in a piece of cloth. The FSL form was also filled on the spot and the appellant was arrested.

(2.) THE appellant was prosecuted and charged under Section 20 of NDPS Act for possessing 1 kilogram of charas. Since he pleaded not Crl. Appeal No.1364/2010 Page 3 of 12 guilty to the charge, as many as 9 witnesses were examined by the prosecution. No witness was, however was examined in defence.

(3.) PW 4 Head Constable Davis, who is one of the police officials who had accompanied PW3 S.I. Jagmal Singh on patrolling. He corroborated the deposition of SI Jagmal Singh with respect to the appellant Naushad Alam having been seeing coming from the site of Platform No.12, he having been apprehended on suspicion and recovery of charas from him weighing 1 kg from him. He also corroborated the deposition of SI Jagmal Singh with respect to drawing of sample and is sealing as well as sealing the residual substance with the seal of JSM. He further stated that the parcels along with FSL Form and copy of seizure memo were taken by him to Police Station New Delhi Railway Station and handed over to Inspector Anil Jaitely. PW7 - ASI Rajesh and PW9 - Ct. Chandra Bhan are the other police officials who were patrolling on that date. They also deposed with respect to the appellant coming from the side of platform no.12 with a polythene bag in his hand, he having been apprehended on suspicion and recovery of charas weighing 1 kg from him. ASI Anug Nautiyal also stated that the seal after use was handed over to him.