NNADI K IHEANYI Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The Appellant challenges the judgment dated 29th September 2010 passed by the Special Judge - NDPS in SC No. N-58/08 convicting the Appellant for the offence under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act") for being found in possession of 292 gms. of heroin as well as the judgment on sentence dated 6th October 2010 whereby he was sentenced to rigorous imprisonment (RI) for ten years along with a fine of Rs. 1,00,000 and in default, to undergo simple imprisonment (SI) for six months.

(2.) The case of the Respondent, Narcotics Control Bureau ("NCB") is that a secret information was received by them that the Appellant would come from Chandigarh by bus on 5th December 2007 at around 5 am at the Inter State Bus Terminal ("ISBT"), Kashmere Gate, Delhi with a huge quantity of heroin in order to deliver it to some Indian at the Exit gate of ISBT. On 5th December 2007, at 3:05 am, the Intelligence Officer ("IO"), Manoj Kumar (PW-8) collected the seal of NCB, DZU-1 from the Superintendent and proceeded to the spot with his team comprising four more officers. At the spot, an independent witness, Rajiv Chauhan joined them. The informer was also present. The team took position near the Exit gate, Ring Road.

(3.) At around 5:15 am, the Appellant came out from the Exit gate and started waiting for someone. After 15-20 minutes, when the Appellant moved, the raiding party encircled him. The IO disclosed his identity and briefed the Appellant regarding his right to be searched before a Gazetted Officer or Magistrate. He proceeded to serve upon the Appellant a notice under Section 50 of the NDPS Act. The Appellant is stated to have declined to be searched before a gazetted officer. When the Appellant was searched, he was found to be carrying a rucksack bag in which there were two polythenes containing off-white powder which tested positive for heroin. The consignment weighed 4 kg. Two samples of 5 gm each were taken out from each polythene and marked as A and B and given mark A-1 to A-2 and B-1 to B-2. The samples were then sealed with the seal of NCB, DZU-1 using paper slips. The test memo in triplicate was prepared on which the seal impression was appended. A seizure memo was prepared by the IO on which the panch witness and the appellant also signed.