MOHD JAVED Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 01.05.2014 of learned Special Judge, NDPS in Sessions Case No.39/11 arising out of FIR No. 100/11 registered under Section 21 NDPS Act at Police Station Crime Branch by which the appellant Mohd. Javed was held guilty for committing offence punishable under Section 21(C) NDPS Act, the instant appeal has been preferred by him. By an order dated 06.05.2014, the appellant was sentenced to undergo Rigorous Imprisonment for eleven years with fine of Rs.1,00,000/-.

(2.) Briefly stated, the prosecution case as set up in the charge-sheet was that on 14.04.2011 at around 11.00 a.m. on a pavement near Temple, Roshnara Bagh, the appellant was found in conscious possession of 270 gms of heroin.

(3.) On 14.04.2011, at about 9.00 am. PW-4 (SI Paramjeet Singh) was present at Narcotics Cell, Crime Branch. A secret informer came and disclosed that Javed resident of Sadar Bazaar involving in illegal trade of smack would arrive at 10.30 to 11.00 a.m. at Roshnara Bagh near Mandir for supply of smack to someone. The secret information was verified and PW-4 (SI Paramjeet Singh) produced the secret informer before Inspector Vivek Pathak who himself verified the information and informed the ACP Beer Singh on phone. PW-4 was instructed to conduct raid. Thereafter, DD entry No.6 (Ex.PW-4/A) was recorded and placed before the concerned SHO for further action under Section 42 NDPS Act. The raiding team consisting of PW-4 SI Paramjeet Singh, PW-8 HC Subhash and PW-7 HC Sanjeev Kumar went to the spot in a private vehicle bearing No.DL-4C-S 9884 driven by HC Harinder. At around 10.55 a.m., the appellant was seen carrying a black colour polythene bag in his left hand coming from Roshnara road side on foot, he was identified by the secret informer. At 11.00 a.m., he was apprehended and informed of the secret information. Notice under Section 50 NDPS Act (Ex.PW4/C) was served upon him. On search of the bag, heroin weighing 270 gms. was recovered. Necessary proceedings were conducted at the spot. Rukka (Ex.PW-4/F) was prepared. The investigation was subsequently taken over by SI Satyawan (PW-10). The appellant was arrested and statements of witnesses conversant with the facts were recorded. Exhibits were sent to Forensic Science Laboratory for examination. Upon completion of investigation, a charge-sheet was filed against the appellant. In order to establish its case the prosecution examined ten witnesses in all. In 313 statement, the appellant denied his complicity in the crime and pleaded false implication. The trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred.