RISHI DEV @ ONKAR SINGH Vs. STATE (DELHI ADMN )

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 25th November, 2000 passed by the learned Additional Sessions Judge (ASJ), Delhi in S.C. 10 of 2000 convicting the appellant in FIR No. 290/90 for the offence under Section 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ('NDPS Act ) for possessing 300 gm smack. It is also directed against the order dated 27th November, 2000 passed by the learned ASJ sentencing the Appellant to ten years rigorous imprisonment (RI) and a fine of Rs. 1,00,000 under Section 21 NDPS Act and in default of payment of fine to undergo six months RI.

(2.) The case of the prosecution is that on 19th December, 1999 Head Constable (HC) Rajinder Singh, Constables Sarvjeet, Ashok Kumar and Ajit Singh were searching the passersby near Tejab Mill, Bhola Nath Nagar, Shahdara. At about 3.35 p.m. one person (the appellant) came from the side of the Railway Bridge, Subji Mandi, Shahdara and on seeing the police, the appellant stated to have turned around and started walking briskly. Upon being asked to stop, the appellant started running. His apprehension and search led to the recovery of one black coloured packet from the right side pocket of the kurta worn by him. Inside the said packet was a smaller white coloured packet which contained a brown coloured powder which was suspected to be smack. It is stated that the HC Rajinder Singh then sent an intimation to the Police Station Farash Bazar about the recovery. Sub Inspector (SI) B.D. Sharma reached the spot and HC Rajinder Singh handed over to SI the accused as well as the recovered substance. In the meantime, the SHO Farash Bazar also reached there and the SI produced before him the recovered smack. According to the prosecution, the smack was weighed at the spot and was found to be 300 gm out of which a sample of 50 gms was separated. The Central Forensic Sciences Laboratory (CFSL) Form was filled up and both the pulandas and CFSL Form were sealed by the IO and SHO with their respective seals. A sample packet was then sent to the CFSL for testing. A report was received from the CFSL which stated that the sample tested positive for smack.

(3.) Nine witnesses were examined for the prosecution and none was examined for the accused.