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 organized in which ASI Prem Narain and Constable Vajinder Singh joined and they rushed to the above -mentioned platform via platform 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 CFSL form was filled and SI Dharam Pal sent the rukka to the police station on the basis of which formal Fir was recorded by ASI Jaimal Singh. The case property was deposited in the Malkhana. Head Constable Bhim Singh effected the entry at serial no.1311. Later, the samples were sent to CFSL through Constable Vajinder Singh. On receipt of the report that the contents were charas, a challan against the accused was filed. On 5th December, 1987, a charge was framed against the accused for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The accused pleaded not guilty and claimed trial. Prosecution examined 7 witnesses in all in support of its case.