RAM GOPAL Vs. STATE

JUDGEMENT

(1.) The present appeal challenges the Judgment dated 24.05.2016 passed by the Special Judge (NDPS-02) Central District, Tis Hazari, Delhi in Sessions Case No.20/2012 convicting the Appellant under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act'). The appeal further challenges the order dated 26.05.2016 passed by the Special Judge sentencing the Appellant to undergo Rigorous Imprisonment for 12 years and to pay a fine of Rs. 2 lacs, and in default, to undergo Simple Imprisonment for six months for the above offence.

(2.) The case of the prosecution is that on 07.11.2011 one secret informer came to Inspector Satyawan (PW-10) and informed that one person, namely, Ram Gopal and his mother Smt Kamla collect heroin from Mandsor, MP and supply the same in the area of Delhi and Haryana. It was further stated by the secret informer that on that day they both would come near the main gate of the St. Stephens Hospital to deliver heroin to someone between 2:30 pm and 3:30 pm and they can be arrested if a raid is conducted. Inspector Satyawan produced the secret informer before Inspector Kuldeep in his office, who also inquired from the secret informer and after he was satisfied, he further informed ACP/N & CP, Sh. Veer Singh telephonically at his residence. The ACP then instructed to conduct the raid and proceed as per law. Inspector Satyawan reduced the secret information into writing vide DD No. 12 (Ex PW3/A) and produced the copy of the same before Inspector Kuldeep. As per the directions of Inspector Kuldeep, he constituted a raiding party comprising of himself, Ct. Kheta Ram, HC Jagdish and WHC Rani Reddy. Thereafter, Inspector Satyawan left Shakarpur Branch along with raiding party and secret informer in a Government Gypsy no.DL-lCM-4228 being driven by HC Rajender at 2PM, vide DD no. 13 (Ex PW10/A). On the way, 4-5 public persons/passersby were asked to join the investigation but they did not join the same after showing difficulties and left without telling their names and addresses. At 2:30PM, the police party reached at the spot, that is, main gate of St. Stephens Hospital and took their position. The nakabandi was held at 2:35 PM. They waited for Ram Gopal and his mother's arrival. At about 2:50 PM one person, wearing Fauji colour clothes came from the side of Khanna Market on foot. That person was carrying a green and yellow colour bag in his left hand. The secret informer had pointed out that person as Ram Gopal. Thereafter the secret informer had left the spot. Ram Gopal reached near the staircase of the foot over bridge, near the main gate of St. Stephens Hospital and he started waiting near the staircase. He waited there for 7-8 minutes and thereafter he started to go, however, immediately that person, that is, Ram Gopal, was overpowered by the police party. Inspector Satyawan introduced himself as well as the members of raiding party to that person. Signal was given to the driver to bring the vehicle and the driver brought the vehicle near the spot. Inspector Satyawan informed the accused that he has secret information regarding supply of heroin by accused in the area of Delhi and Haryana and that, on the said day, he has reached there to supply heroin to someone and that there was a chance of recovery of heroin from the possession of the accused and for that his search was required. Inspector Satyawan also informed the accused regarding his legal right that before his search is taken, some gazetted officer or a Magistrate can be arranged for that purpose. It was also informed to the accused by Inspector Satyawan that he has a legal right to take the search of the police and the government vehicle before giving his search. Notice under Section 50 of the Act was served upon the accused. The carbon copy of the notice was handed over to the accused. The original notice is Ex.PW7/A. The accused, however, refused to exercise his legal right. The reply of the accused is Ex. PW7/B. The bag was taken from the accused. In the bag, one shawl and sweater were found and under these articles, one transparent polythene containing some substance was found. It contained a matiala coloured substance and same was taken out from the bag. The mouth of the polythene had been tied with a rubber band, which was removed and the recovered substance was checked with the help of a field testing kit. It was found to be heroin. On weighing, it was found to be 2 kg 200 gm, alongwith the transparent polythene. Two samples of 5gm each were separated from the recovered contraband and put in two small transparent polythenes, the mouths of which were tied with a rubber band and thereafter, both the transparent polythenes containing the heroin were converted into cloth parcel and marked as 'Mark A' and 'Mark B'. The remaining contraband alongwith the polythene was kept in the same bag alongwith shawl and sweater and a cloth pulanda was prepared and same was marked as 'Mark C'. Form FSL was also filed up. Pulanda Mark A, B and C and FSL form were sealed with the seal of 7BPS NB DELHI by the Inspector. Only one seal each was put on the pulandas and FSL form. The seal after use was handed over to HC Jagdish. The case property was taken into possession vide memo Ex.PW7/C. Thereafter, the Inspector prepared rukka Ex PW10/B and handed over the same to Ct. Kheta Ram for registration of FIR at PS Crime Branch. The copy of seizure memo alongwith case property, that is, pulanda Mark A, B, C and Form FSL was handed over to Ct. Kheta Ram.

(3.) At about 8:30 PM SI Rajbir Singh alongwith driver of the vehicle came at the spot in the aforesaid vehicle. He prepared the site plan Ex. PW4/A at the instance of SI Satyawan and recorded the statement of HC Jagdish Rana. He arrested the accused vide arrest memo Ex.PW4/B. He conducted personal search of the accused vide memo Ex. PW4/C. The accused made a disclosure statement which is, Ex.PW4/E. He produced the accused before Inspector Kuldeep, Inspector Narcotics who interrogated the accused and verified the facts. SI Rajbir made DD entry No. 2, Ex.PW4/F. On 08.11.2011, he prepared a report under Section 57 of the Act, which is Ex. PW4/G. On 14.11.2011, the sealed sample of this case FIR was sent to FSL through Ct. Satpal. After completion of the investigation, charge sheet was filed in the court. During the trial the FSL report Ex. PW4/H was also collected. The FSL report found the seized material to contain Diacetylmorphine 22.45%.