MOHD SABIR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 11.12.2012 and 22.12.2012 respectively wherein the appellant stands convicted under Section 21 (C) of the Narcotics Drugs and Psychotropic Substances Act (in short NDPS Act). He had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.1 lac and in default of payment of fine to undergo SI for 2 years.

(2.) The version of the prosecution is that on 15.11.2010, a secret information was received by PW-10 (SI Sharat Kohli) which was to the effect that one person by the name of Mohd. Sabir resident of Bijnour, UP would be supplying smack in Delhi and UP and would be coming to supply smack between 03:00 PM to 04:00 PM on a black coloured Pulsar motorcycle. This information was reduced into writing vide DD No. 10. A raiding team was constituted comprising of PW-10, HC Amit Tomar (PW-1), constable Narender (PW-2) and constable Dabbu (PW- 6). At 03:40 pm, two persons riding on a motorcycle were apprehended whose names were later on revealed as Mohd. Sabir (the appellant) and Mohd. Nawaj Shareef. The appellant was carrying a black bag on his right shoulder. Before conducting his search, a notice under Section 50 of the NDPS Act (Ex.PW-1/A) was served upon him informing him that he has a right to get his search conducted either before a Magistrate or before a Gazetted Officer. He declined the option. From this shoulder bag, a transparent polythene containing a peach colour powder was recovered. It was weighed. The weight was 872 gms. Two samples of 10 gms each marked A and B were taken. The remaining contraband was put in a polythene and seized and sealed; so also the samples. The case property was deposited with HC Jag Narayan (PW-5), the MHCM of police station Crime Branch. These parcels were deposited through Inspector Kuldeep Singh (PW-7). The sample parcels marked A were then sent on 08.12.2010 through constable Vikas Rana (PW-8) to the CFSL vide road certificate No. 428/21 (Ex.PW-5B). The CFSL had tested the sample positive for smack.

(3.) In the statement of the accused recorded under Section 313 of the Cr.PC, he had pleaded innocence. One witness was produced in defence.