NIZAMUDDIN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of Mr. S.L. Khanna, Additional Sessions Judge dated 3rd May, 1990. By which the appellant was convicted under Section 20 of the Narcotic Drugs & Psychotropic Substances Act and was sentenced to 10 years rigrous imprisonment and imposed a fine of Rs.1,00,000.00(0ne lakh). In default of payment of fine, the accused was further directed to undergo rigrous imprisonment for the period of two years.

(2.) Brief facts necessary to dispose of this appeal are recaptulated as under:

(3.) The Inspector S.P. Singh received information that one Nizamuddin R/o Govind Puri, Kalkaji, New Delhi was dealing in Charas. Inspector S.P. Singh, deputed the informer and one official of the Crime Branch to Verify the information. On 19th December, 1987 at about 7:30 p.m., Inspector S.P. Singh received a secret information at the office of Crime Branch that Nizamuddin, appellant would supply charas to some body at 10:00 p.m. at Govind Puri, Kalkaji, New Delhi. Inspector S.P. Singh conveyed his information to Sub Inspector Om Prakash Public Witness 8 who recorded the information in the daily diary register and constituted a raiding party under the supervision of Inspector S.P. Singh. The raiding party comprising of S. P. Singh Public Witness 6, Sub Inspector Om Praksh Public Witness 8 and Sub Inspector Harcharan Verma, constables Brahma Nand, Devi Charan and constable Risal Singh started from the office of Crime Branch and reached at the spot at 9:30 p.m. On request the Sub Inspector Om Prakash was able to persuade the Scooter Driver Shri Laxmi Chand Public Witness 3 to join the raiding party. The members of the raiding party held naqabandi near Gali No.2, Govind Puri at about 9:45 p.m. At 10:15 p.m. accused Nizamuddin entered the gali and on the pointing out of the informer, he was apprehended. The accused was carrying a bag in his right hand and on search he was found to.carry 5 kgs. of charas. 100 grams of charas was taken out as sample and was converted into a parcel of cloth with the seal of O.P. The remaining charas was sealed in a separate parcel and the same seal was used on it. CFSL form was filled up by S.I. Om Prakash who affixed the specimen of seal of O.P. on the said form. The case property including the sample parcel was taken into possession vide memo Exhibit Public Witness 3/A which was attested by Laxmi Chand Public Witness 3 and Inspector S.P. Singh Public Witness 6. Thereafter, Sub Inspector Om Prakash sent ruqqa exhibit Public Witness 7/A to police Station Kalkaji through constable Brahma Nand Public Witness 5. He was handed over the case property and the CFSL form with 'he instruction that he should produce the case property and CFSL form before the Station House Officer and all other necessary formalities were completed.