PAPPU KUMAR & KALLU Vs. STATE

JUDGEMENT

(1.) Vide judgment dated 5th September, 2013 of the trial court appellantPappu Kumar @ Kallu has been convicted under Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act", for short); whereas appellant-Deepak Sharma has been convicted under Section 20(b)(ii)(B) of the Act. By the order on sentence dated 3rd October, 2013, Pappu Kumar @ Kallu has been sentenced to rigorous imprisonment of 12 years with fine of Rs. 1.50 lacs and in default of payment of fine to undergo simple imprisonment of 2 years; while Deepak Sharma has been sentenced to rigorous imprisonment of 4 years with fine of Rs. 50,000/- and in default of payment of fine to undergo simple imprisonment of 6 months. Aggrieved by their conviction as also the sentences handed down to them, appellants have preferred abovenoted appeals.

(2.) Prosecution story, as unfolded from the perusal of charge-sheet, is that a secret informer came in the SIT Office on 24th April, 2011 at about 12:30 pm and informed Const. Sandeep that at about 2/3 pm appellants would come to Budh Vihar, Kanjhawla Road, near Brahm Shakti Hospital to supply large quantity of ganja to someone. Const. Sandeep produced the secret informer before SI Sharat Kohli who, in turn, produced him before the Additional DCP/SIT. After hearing the secret informer, Additional DCP ordered for appropriate action to apprehend the culprits. Accordingly, DD No. 5 dated 24th April, 2011 was recorded and forwarded to senior officers in compliance of Section 42 of the Act. SI Sharat Kohli constituted a raiding party comprising of HC Bahadur Sharma, HC Shyam Lal, HC Rajender Kumar, HC Amit Tomar, Const. Dabbu Kanwar, Const. Narender Kumar, Const. Vikas Rana, Const. Sandeep and Const. Sunny Sangwan.

(3.) At about 01:15 pm, raiding party along with secret informer proceeded towards Khanjhawla Road, Brahm Shakti Hospital. On reaching there, eight to ten passersby were requested to join the raiding party but they declined on one or the other pretext. At about 02:30 pm two young boys (appellants) were seen coming from a street near telephone exchange towards the Brahm Shakti Hospital. They were carrying bags with them. They stopped at about 10 steps away from Brahm Shakti Hosptial and kept their bags on the ground. On pointing of the secret informer, appellants were apprehended. Notice under Section 50 of the Act was served on them. However, they refused, in writing, to go to the nearest Gazetted Officer of any of the departments mentioned in Section 42 of the Act or to the nearest Magistrate to get their search conducted before either of them. From red coloured bag, which Pappu Kumar @ Kallu was carrying, 10 polythene packets were recovered. On opening the same ganja weighing 10 kgs was recovered. Out of which, 250 gms ganja taken as sample. Thereafter, blue coloured bag, which Deepak Sharma was carrying, was opened in which also 10 polythene packets were recovered. On opening the same 10 kgs ganja was recovered. Out of which, 250 gms ganja was taken as a sample. Case property was then sealed with the seal of SK. Katta as well as pulandas containing the samples were seized.