ISLAM Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This appeal is directed against the Judgment of Mr. V.S. Aggarwal. Additional Sessions Judge dated 3rd August, 1992 by which the appellant was convicted under Section 20 of the N.D.P.S. Act and was sentenced to undergo R.I. for 10 years and a fine of Rs.1 lakh. In default of payment of fine, the appellant was directed to undergo further R.I. for 2 years. The present case pertains to an incident of 25th August, 1987. S.I. Dharam Pal was posted at New Delhi Railway Police Station. At that time. Assistant Sub Inspector Prem Narain was also with him. He received secret information that one person had arrived via Vaishali Express and is at platform no.4 and 5 near Tea stall no.8. He was reported to be in possession of Charas. This information was recorded in Daily Diary no.8.

(2.) Immediately thereafter, a raiding party was organised in which ASI Prem Narain and Constable Vajinder Singh joined and they rushed to the above-mentioned platform via plotform no.4. One Lalit, a public witness also joined in raiding party. S.I. Dharam Pal at the pointing out of the informer near the Tea stall apprehended the accused. The accused was holding a brief case in his right hand. He was told about the secret information.

(3.) The accused appellant was told that if he likes his person can be searched before a Gazetted Officer or a Magistrate in compliance of Section 50 of the N.D.P.S. Act. But he declined. A memo to that effect was prepared. The appellant gave the key of the brief-case and the same was seized. The officer-in-charge of the Police Station, Inspector Jai Narain was requested to come to the spot. The brief-case was opened and it was found to contain 10 packets of charas lying under the card-board. The contents were weighed and each packet was weighed and found to be of half a kilogram. They were all numbered 1 to 10 and in each packet 15 grams was taken as the samples and the rest of the charas were converted into different parcels with the seal of "JN" and seized vide a recovery memo. The accused was arrested by another memo.