K.R. VENGADESWAR Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) ON 31.08.2004, Mangal Dass, Intelligence Officer in Narcotics Control Bureau received a secret information that one person, namely Dilbagh Singh, a resident of Chandigarh, would reach New Delhi Railway Station between 4.00 PM to 5.00 PM in his car bearing Registration No. DL 6 CG 9691 and will be carrying heroin concealed in the dicky of the said car for delivering the same to his customers near reservation office at New Delhi Railway Station. The said information was submitted by Shri Mangal Dass to his senior officer and a search authorization in his favour was issued by the Superintendent of NCB. On receiving the search authorization, the complainant visited the place where Dilbagh Singh was to arrive, called two witnesses and requested them to remain present. At about 4.30 PM, Dilbagh Singh, driver of car bearing Registration No. DL 6 CG 9691, reached there, opened the dicky of the car and handed over a dark blue rexine bag to the appellant Shri K.R. Vengadeswar. On search of the bag handed over to the appellant, six polythene bags were found in it. A small quantity of the product was taken out from all the six bags. On testing with the help of the field testing kit, the product gave positive test of heroin. All the six bags were, therefore, duly seized, after drawing two samples from each of them. On search of the dicky of the car, a green bag containing 25 bags was found lying in it. The substance in those bags, on being tested with the field testing kit, gave indication of being heroin and, therefore, all the 25 bags, out of which 11 contained off white colour powder and remaining 14 contained brown colour powder were seized, after drawing two samples from each of them. This is also the case of the complainant that the appellant voluntarily made statements under Section 67 of NDPS Act, 1985, on 31.08.2004 and 01.09.2004 admitting recovery of heroin from him as well as its seizure by the officials of NCB. It was opined by Central Revenue Control Laboratory (CRCL) that the samples sent to them for analysis were of diacetylmorphine (heroin).

(2.) THE appellant was charged under Section 21(c) read with Section 29 of NDPC Act and he pleaded not guilty to the charge. The prosecution examined as many as 11 witnesses, including the complainant Mangal Dass and the public witness Shri Subhash. No witness was examined in defence.

(3.) PW -11 Subhash stated that on 31.08.2004, when he was waiting for a relative to come at New Delhi Railway Station, some police officers came to him and told him that one vehicle of white colour would be reaching there. He further stated that the vehicle reached the spot at about 4.00 PM, one person came out of the vehicle and took out a green bag from the dicky of the vehicle. From the aforesaid bag, the officers recovered six bags containing brown colour powder. The officer asked the person who came out of the vehicle to conduct further search of the vehicle and on such search being conducted, a plastic bag of white colour was taken out. Twenty five (25) bags containing brown colour powder were recovered from the said plastic bag. The witness identified the appellant who was present in the Court at the time of his deposition and also identified his signatures on documents such as Panchnama Ex.PW2/D, search warrant Ex.PW -4/B, RC, Ex.PW2/D1 and paper slips Ex.P26 and P129.