DIRECTORATE OF REVENUE INTELLIGENCE Vs. SAMSON ONGERA OMORO

JUDGEMENT

(1.) By this petition the petitioner seeks leave to appeal against the judgment dated 4th June, 2016 acquitting the respondent for offence punishable under Section 21 (c) of NDPS Act.

(2.) Case of the prosecution is that an information was received by Shri Surjeet Kumar, Senior Intelligence Officer, DRI (PW-6) on 29th July, 2010 that a person of African origin, aged about 40 years would be standing at the bus stand, Nirankari Sarover, Burari crossing and would be in possession of narcotic drug. The information was reduced in writing vide Ex.PW-2A and placed before Shri Atul Handa, Deputy Director who instructed Shri R. Roy, Intelligence Officer (PW-2) to take necessary action. A team was constituted and a seal was obtained. Two panch witnesses namely Raju and Rakesh were also joined from near ITO at around 8.00 PM. After they reached the crossing at Burari red light at around 10.00 PM the officials noticed a person who matched the description given in the information carrying a black shoulder bag and waiting at the spot. After about 10-15 minutes when nobody approached him, he got suspicious of a surveillance and started walking towards Nirankari Colony. Thus the officials gave a signal to stop but he started running. After a brief scuffle resulting in injury on or around the respondent's right eye, he was apprehended and he disclosed his identity as Samson Ongera Omoro. Respondent was informed of his right to be searched before a Magistrate or Gazetted Officer. Section 50 NDPS Notice was given and he was taken to DRI office along with the bag where search was conducted. In the personal search of the respondent, a driving license was recovered and from the bag ten polythene packets were recovered. On detailed examination of the three packets each packet was found to contain a heat sealed transparent polythene packet containing white colour bag with a rubber stamp. The sealed plastic packets contained off white granule powdery substance emanating a pungent smell. The stamped packets were marked A-1 to A-10 for the purpose of identification. Small quantities of samples were taken from each of the ten packets and on testing gave positive of heroin. Total weight of the heroin was found to be 10.43 kgs and the net weight was found to be 10.204 kgs. Samples of 5 gms each were drawn and paper seals were affixed. Panchnama was also prepared and the facsimile of the seal was affixed on the test memos. Panchnama was duly signed by panch witnesses and PW-8.

(3.) Statement of respondent was recorded under Section 67 of NDPS Act who disclosed that one of his friends was lodged in Patiala Jail, whom he met sometime back in Jail and thereafter he met a person Amrit Singh who proposed him to carry the narcotics to Delhi, where somebody will collect the same and he would be paid Rs. 25,000/- plus traveling expenses. The narcotic drug was handed over by Amrit Singh at Patiala on 29th July, 2010 at about 9.00 AM which was recovered. Search of the tenanted residential premises was taken however, nothing incriminating was found except Rs. 33,600/- and US$ 964 which was handed over to the friend of the respondent. Statements of the panch witnesses were also recorded.