SHASHI SHEKHAR TYAGI Vs. STATE OF DELHI

JUDGEMENT

(1.) The learned Trial Court sentenced the appellant to undergo Rigorous Imprisonment for a period of ten years and to pay a fine in the sum of Rs.1,00,000/-, failing which he was to further undergo Simple Imprisonment for two years for having possession of 800 grams Charas under Section 20(b)(ii) of NDPS Act. He was further sentenced to undergo Rigorous Imprisonment for a period of two years and to pay a fine in the sum of Rs.10,000/- and in default of fine he was to undergo Simple Imprisonment for six months for possessing Ganja weighing 1.850 kilograms. Both the sentences were to run concurrently. Aggrieved by that order, the appellant has preferred this appeal against the order passed by learned Additional Sessions Judge. The facts germane to the prosecution case are these. On 09.05.1999 at about 1.20 PM at Kela Godown, Inner Road, Shalimar Bagh within the bounds of Police Station Shalimar Bagh, the appellant was nailed with the abovesaid contraband which he had kept in a bag in two different packets. The appellant has already undergone imprisonment for more than seven years. Constable Dharmender Kumar, PW1, Darshan Singh, Head Constable PW3, Amleshwar Rai, SI PW5 and Dharmender, Constable PW9 are the witnesses to the recovery of abovesaid contraband.

(2.) Learned counsel for the respondent vehemently argued that the case against the appellant stands proved without ifs and buts. He opined that the link evidence adduced by the prosecution is also complete and the witnesses of recovery of abovesaid contraband from the possession of the accused have supported the prosecution case in tandem.

(3.) However, the evidence led by the prosecution, as to who had written the FIR number and other particulars on the seizure memo etc. and recovered parcel bristles with glaring incongruities. First the FIR or rukka without bearing the FIR number, is sent to the duty officer, who after registering it, supplies the FIR number. The constable who brings back the rukka to the spot conveys the FIR number to the first Investigating Officer, thereafter FIR number is either written by the first Investigating Officer or the second Investigating Officer as the case may be, on the recovery memo, notice under Section 50 Cr.P.C., personal search memo, arrest memo etc.