IRSHAD AHMED Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 05.12.2012 wherein the appellant stands convicted under Section 20 of the NDPS Act. He has 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 one year.

(2.) Nominal roll of the appellant has been requisitioned. This reflects that as on date he has undergone incarceration of about almost 4 years & 4 months.

(3.) The version of the prosecution as unfolded discloses that on 26.07.2011 at about 09:10 AM, SI Paramjeet Singh (PW-9) posted at the Narcotic Department received a secret information that the appellant who was a supplier of charas would be coming to Delhi. He would reach the Yamuna Bazar bus stand opposite Nigam Bodh Ghat between 10:30 to 11:00 AM for supply of charas. This information was shared by PW-9 with Inspector Kuldeep Singh (PW-4). ACP Bir Singh was informed. A raiding party was constituted comprising of PW-9, HC Subhash Singh (PW-10) and HC Sanjeev Kumar (PW-3). They reached the spot. At the pointing out by the secret informer, the appellant was apprehended. The raiding team introduced themselves to the appellant. He was informed that he had a right to get his search conducted either before a Magistrate or before a Gazetted Officer. Notice under Section 50 of the NDPS Act (Ex. PW-3/A & B) was served upon him. He refused the option and in lieu thereof, he has fixed his thumb impression at point 'Z'. From the search of the accused, the bag which he was carrying was found to contain a polythene which contained pieces of black solid material which when tested with the field testing kit found positive for charas. The material was weighed. It weighed 3 kgs and 400 gms. Two separate samples of 50 gms each were drawn from the contraband. The case property and the samples were seized and sealed with the seal of SHO CRM. The FSL form was filled in at the spot. The case property was deposited with HC Jag Narain (PW-2), the then MHCM of PS Crime Branch. The sample parcels along with FSL form was taken by constable Satpal (PW-6) to the FSL, Rohini. The report of the FSL (Ex. PW-8/G) had tested the sample positive for charas.