MOHD. ZAHID Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the appellant aggrieved by the judgment of conviction dated 30th Jan., 2002, convicting the appellant finding him guilty under Sec. 29 read with Sec. 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as NDPS Act) as well as order on sentence dated 14th Feb., 2002 vide which the sentence was passed against the appellant to undergo rigorous imprisonment for a period of fifteen years and to pay fine of Rs.1,50,000.00 for the offence punishable under Sec. 29 read with Sec. 21 of the NDPS Act in view of the provisions of Sec. 31(ii) of the NDPS Act, in default of payment of fine, convict was ordered to further undergo simple imprisonment for six months with benefit under Sec. 428 Cr.P.C.

(2.) The facts in brief are that on 15th June, 1999, a telegram was received from the Deputy Director (Customs), Amritsar stating about the recovery of four kilogram of heroin from Samjhota Express which was coming from Pakistan and arrest of Mohd. Zahid in connection with the same. The said telegram further disclosed that that the appellant had to supply this heroin to the some Nigerian nationals in Delhi. Mohd. Zahid, the appellant herein, gave information to Mr. Devinder Dutt, Deputy Director General (Enforcement), NCB that he had earlier stayed at Seema Lodge, Paharganj and that his passport and other documents were also kept in one of the rooms of the said lodge. A team was sent to Seema Lodge from where it was established that the accused Mohd. Zahid had been staying there since 7th June, 1999 and several documents were also recovered from his room. The accused Mohd. Zahid disclosed that he could identify the place where the said Nigerians were staying in Delhi. On 17th June, 1999, at request, the Deputy Director, Customs, Amritsar brought accused Mohd. Zahid to Delhi where a raiding team of the NCB officers was constituted. Thereafter, the accused Mohd. Zahid led the team to House No.K-5, Srinivas Puri where supply of 750 grams of heroin was effected by him on an earlier date. The door was opened by one Nigerian namely Harry to whom the identity of the team members of NCB officers was disclosed when one Nigerian lady Sandra also came. Thereafter, two raiding members entered in another room where two male Nigerians were found lying on the bed who introduced themselves as Charles Udo & Osita Okafor. Notice under Sec. 50 of the NDPS Act was served on all of them and the room was searched where one locked cupboard was found which was opened by the accused Sandra using a key. From inside the cupboard, one polythene bag was found which contained white crystalline powder which upon testing & weighing, was found to be heroin weighing 750 grams.

(3.) The prosecution had examined as many as fourteen prosecution witnesses namely PW 1 K.L. Gauba; PW 2 A.S. Budhwar, IO, NCB; PW 3 Madan Singh; PW 4 Joythimon Dethan; PW 4 Sh.Jyoti Man; PW 5 Mr. N.S. Ahlawat; PW 6 Mr.Amresh Jain; PW 7 Harish Ahuja; PW 8 Mrs. Savitri Jaswani.; PW 9 M.S. Bawa; PW 10 Hukum Singh; PW 11 V.B. Chaurasiya; PW 12 Sh.Devinder Singh; PW 13 N. Mohanta; & PW 14 Sh.Narender Kumar. The statement of the accused Mohd. Zahid was recorded under Sec. 313 of the Cr.P.C.