GUNESH KUMAR Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 26.08.2014 of learned Special Judge / NDPS Act in Sessions Case No.33/13 arising out of FIR No.45/13 PS Kamla Market by which the appellant ­ Gunesh Kumar was convicted for committing offence under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (In short 'NDPS Act'), the instant appeal has been preferred by him. By an order dated 28.08.2014, he was sentenced to undergo RI for ten years with fine Rs.1 lac.

(2.) Briefly stated, the prosecution case as set up in the charge -sheet was that on 19.03.2013 at around 03.40 p.m. by the side of public lavatory, Pul Paharganj, Ajmeri Gate, the appellant was found in possession of 1.600 Kg. of Charas (cannibis).

(3.) On 19.03.2013 PW -12 (ASI Roshan Singh) along with PW -11 (HC Shailesh Kumar) and PW -10 (Const. Yogesh) left the Police Station Kamla Market for patrolling vide DD No.21A. At around 02.30 p.m. when they reached in front of Food Plaza Restaurant, Ajmeri Gate, ASI Roshan Singh received a secret information about arrival of an individual aged around 50 -52 years wearing white and grey colour shirt and pant near toilet by the side of Pul Paharganj to deliver Charas to someone. This secret information was reduced into writing under Section 42 NDPS Act (Ex.PW - 8/A). After apprising the staff about the secret information, the Investigating Officer sent Ex.PW -8/A to SHO Insp. Pramod Joshi through PW -10 (Const. Yogesh). The SHO directed ASI Roshan Singh to take necessary action. 4 /5 passers -by were requested to join the raiding team but none agreed. At around 03.40 p.m. the appellant was seen coming from the side of Ajmeri Gate; he stood by the side of toilet for some time. The secret informer pointed towards him. The Investigating Officer and the other staff introduced themselves to the appellant carrying a bag in his right hand. Notice (Ex.PX) under Section 50 NDPS Act was served upon the accused and vide reply (Ex.PW -7/F), he declined to get his search conducted before the Magistrate / Gazetted Officer. On search of the bag, Charas weighing 1.600 kg. was recovered. Two samples of 250 grams each were taken from the lot. Necessary proceedings were conducted at the spot. Statements of the witnesses conversant with the facts were recorded. Exhibits collected during investigation were sent to Forensic Science Laboratory for examination. Upon completion of investigation, a charge -sheet was filed against the appellant in the Court. In order to establish its case, the prosecution examined thirteen witnesses. In 313 Cr.P.C. statement, the appellant denied his involvement in the crime and pleaded false implication. He examined DW -1 (Mukesh Kumar) and DW -2 (Javed) in defence. The Trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred.