MUKESH KUMAR Vs. STATE THROUGH CBI

JUDGEMENT

(1.) Both the appellants stood trial, separately, on the charge for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS), on the basis of two separate reports (Sessions case Nos.13/1997 and 14/1997) arising out of first information report (FIR) of Central Bureau of Investigation (CBI) vide RC No.2/1997 registered on 28.01.1997, the gravamen of the charge against them being that on 28.01.1997 each of them had been found having in their respective possession contraband described as heroin (diacetyl morphine), the recovery allegedly made of said contraband from appellant Mukesh Kumar being in the form of three packets each of 100 gms., while the recovery allegedly made from appellant Somnath being of two packets of 100 gms. each.

(2.) As per the prosecution case, there was a secret information received by Mehar Singh (PW-6), Deputy Superintendent of Police (DSP) on 27.01.1997 about the involvement of these two appellants in the illicit trafficking in such contraband and this having been reduced into writing (Ex.PW-6/A). A raiding party was constituted and at a place described as Adarsh Nagar bus stand in the morning of 28.01.1997, the appellants were intercepted and, upon their search being taken, in accordance with law, the recoveries as aforesaid were made. It has been the case for the prosecution that the appellant Mukesh Kumar was carrying the three said packets in the left pocket of his trousers while Somnath was carrying the two packets as aforesaid in the right side pocket of his trousers.

(3.) The trial court, by the impugned judgments, each delivered on 27.09.1999 held both the appellants guilty as charged. By subsequent orders dated 29.09.1999, each of them was sentenced to rigorous imprisonment for ten years with fine of Rs.1,00,000/-, in default further rigorous imprisonment for two years.