SAJIVAN RAO Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present appeal is directed against the judgment dated Aug. 20, 2010 passed by the learned Special Judge, NDPS whereby the Appellant Sajivan Rao was convicted for the offence punishable under Sec. 20 (b) (ii) (C) Narcotics Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). Vide order on sentence dated Aug. 25, 2010, the Appellant was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000.00 and in default of payment of fine, to further undergo simple imprisonment for two months. Rakesh Thakur and Janeshwar Thakur were also convicted under Sec. 20 (b) (ii) (B) by the aforesaid impugned judgment. Since they have not preferred any appeal as they were awarded sentence of imprisonment for a period of 4 years which was almost undergone during trial, this Court is only concerned with the appeal of Sajivan Rao.

(2.) Briefly the prosecution case is that on March 9, 2007 at about 9:30 A.M. 18 kg of Ganja was recovered from the possession of Janeshwar Thakur, 21 kg was recovered from Sajivan Rao and 15 kg was recovered from Rakesh Thakur at Hazrat Nizamuddin Railway Station. Janeshwar Thakur, Sajivan Rao and Rakesh Thakur were arrested by the police officials, the contraband was seized and samples were drawn which were sent to FSL pursuant whereto charge sheet was filed.

(3.) Assailing the conviction, Learned Counsel for the appellant contends that the contraband which was seized was different from the one shown in the Court because seal of AK and NS was affixed to the contraband seized. However, the parcel produced in Court had the seal of SN and AK. It was further contended that the sample of 1 kg was taken, however, as per the FSL report, the quantity received was 963 gms. Handling of seal was doubtful as according to one witness, the seal was handed over to Ct. Raj Kumar, PW-5 whereas the other stated that it was handed over to Ct. Jaswant, PW-1. Lastly, relying upon the decision reported as 2015 (3) JCC (Narcotics) 141 Raj Nandan Sahni Vs. State , it was submitted that the appellant be released on the period already undergone as the quantity was only marginally high and that too due to the weight of the seeds and leaves.