RAJ NANDAN SAHNI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 17.03.2012 wherein the appellant has been convicted under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act and has been sentenced to undergo for a period of 10 years and to pay a fine of Rs.1 lac, in default, to undergo SI for 6 months.

(2.) The version of the prosecution is that a secret information was received in police station Jaitpur at about 8.30 p.m. on 23.3.2010 to the effect that a person wearing a pink shirt would be coming from the side of Lohia Pul, Ali Vihar going towards Sourabh Vihar and would be carrying a white coloured plastic bag containing ganja. This information was received by Investigating Officer Ashish Kumar (PW-10). He conveyed this information to his senior officer on telephone and on their directions a raiding party comprising of PW-5, PW-9 and PW-10 was organized. They were already on patrolling duty in that area. Passersby were asked to join the investigation but none agreed. At about 9.00 p.m. accused was apprehended. He was found carrying a plastic bag on his shoulder. He was apprised of the police party having received a secret information and the need of his search. It was informed to him that he had a legal right to get search conducted in the presence of a Gazetted Officer or an SDM. Notice under Section 50 (Ex.PW-5/A) was given to the accused. His written reply (Ex.PW-5/B) was recorded. He refused. On search of the accused a plastic bag containing 21 kg 700 grams ganja was seized by the investigating officer (PW-10). A sample of 1 kg. was taken out and kept in a plastic jar and sealed with a cloth pullanda. The sample and the remaining contraband was sealed with the seal of SKB. The case property was taken into possession vide memo Ex.PW-5/C. Compliance of Section 57 of the NDPS Act was effected by sending this information to the DCP. The sealed parcel and the case property was sent to the Malkhana. The sealed sample parcel was sent to the FSL. The FSL vide its report Ex. PW-6/B opined the contraband to be ganja.

(3.) After completion of investigation, charge sheet was filed. The prosecution has examined 11 witnesses; of whom the members of the raiding party were examined as PW-5, PW-9 and PW-10. Second Investigating Officer SI Brijesh Malik was examined as PW-11. SHO was examined as PW-3. He was in-charge of the entire operation. ACP V.K.Kalia was examined as PW-8. Malkhana Mohrar H.C. Kanwar Singh was examined as PW-2. He proved the entries in Register no.19 as Ex.2/A. The road certificate was proved as Ex.PW- 2/B. Constable Sunil Kumar (PW-1) had taken the sample pullanda from Malkhana to the FSL. The FSL had examined the sealed pullanda through Dr. Rajender Kumar, Assistant Director, Biology, (PW-6). His report was proved as Ex.PW-6/B. Another expert from the said department Ms. Kavita Goyal, Senior Scientific Officer (Chemistry) was examined as PW-7.