AKACHUKWU CHRISTOPHER NNADI Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 1 st August, 2016 passed by the learned Special Judge, NDPS whereby appellant was convicted for the offence punishable under Section 21(b) of Narcotics Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). Vide order on sentence of the even date, he was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/- and in default of payment of fine, to further undergo simple imprisonment for one month for the offence punishable under Section 21(b) of NDPS Act.

(2.) Briefly stated, prosecution case is that on 10th October, 2013 at about 3:00 PM, one secret informer came to the office of Insp.Satyawan (PW-12) and informed him that one Nigerian namely Christopher who used to reside somewhere in Delhi would come near the main gate of Guru Gobind Singh Indraprastha University near GPO, Kashmere Gate at about 4:00-5:00 PM to supply cocaine to someone. He recorded the aforesaid information vide DD No.16 (Ex.PW-2/A). Thereafter, he constituted a raiding party consisting of himself, HC Bharat Singh (PW-7) and HC Rohtash (PW-8) and Ct.Sohan Pal. He made the departure entry vide DD No.17 at about 3:45 vide Ex.PW12/A. After reaching the spot, he along with HC Bharat Singh and the secret informer took position near the main gate of Guru Gobind Singh Indraprastha University by 4:35 PM. At about 4:40 PM they noticed a Nigerian coming from GPO side whom the informer identified as Christopher (appellant). Christopher stood near the gate of the university and waited for someone and after some time started moving. Insp.Satyawan with the help of other police officials apprehended that person. On interrogation, that person revealed his name as Akachuqwu Christopher. He was informed about his legal rights and thereafter, Insp.Satyawan prepared and served the notice under Section 50 NDPS Act vide Ex.PW-7/A which the appellant refused to sign and requested for senior officers to be called at the spot. He informed ACP Zile Singh about the same who reached the spot. He, on instructions from ACP Zile Singh, conducted the search of the appellant and recovered one polythene containing white colored powder from the right pocket of the appellant's half pant. On testing the powder, it was found to be cocaine. Thereafter, he checked the weight of the polythene which turned out to be 102 grams. He then prepared two samples of 2 grams each out of the contraband and they were given serial No.A and B and the remaining cocaine was given mark C. He prepared the FSL form and affixed his seal 7APS NB DELHI on all the cloth parcels i.e. Mark A, B and C and FSL form. He took the case property into possession vide seizure memo Ex.PW7/C.

(3.) Further investigation of the case was handed over to SI Sumit Kumar (PW-11). He prepared the site plan (Ex. PW-11/B) at the instance of Insp.Satyawan. He conducted the personal search of the appellant vide personal search memo Ex.PW-7/B and recorded his disclosure statement vide Ex.PW-7/A. He thereafter arrested the appellant vide arrest memo Ex.PW-7/D. Thereafter, he went to the appellant's house situated at F-8, Gali No.8, IV floor, Sant Garh, Tilak Nagar, Delhi and searched it in the presence of Harbajan Singh (owner of house), Ms.Shera Tansu (wife of appellant) and Insp.Satyawan but no incriminating drugs were found there so he made a memo to this effect vide Ex.PW-11/D. He then inquired from the appellant about his passport and visa to which the appellant stated that his passport and visa had been deposited in FIR No.405/2010 PS Mandawali. After completion of the investigation, charge sheet was filed under Section 21 NDPS Act. Vide order dated 5th March, 2014, charge was framed for offence punishable under Section 21 NDPS Act against the appellant.