NARCOTICS CONTROL BUREAU Vs. SAAD ANSARI & ORS

JUDGEMENT

(1.) Crl.M.A.6308/2018 (exemption)

(2.) Briefly stated, prosecution case is that on 10th January, 2013 at about 10:00 A.M., a secret information was received by Azad Singh that one person namely Saad Ansari, aged about 25-26 years, medium built, fair complexion, was coming from Mumbai to Delhi by Rajdhani Express to receive charas from another person namely Dava Lama. The charas was to be delivered to Saad Ansari at Brij Palace Hotel, Paharganj, New Delhi. Aforesaid information was reduced into writing and K.S. Chauhan, Asst. director, NCB constituted a raiding team consisting of Azad Singh, C.S. Rai, Vishwanath Tiwari, Sarita Kataria, Ct. Vasudev and Ct. Ganesh. The team reached the hotel and the receptionist, after checking the hotel register, informed that Saad Ansari checked into the hotel on 10th January, 2013 and room no. 103 was allotted to him. Surveillance was mounted near the hotel and raiding team waited for the person who was to deliver the consignment of charas. At about 2:30 P.M., one person of similar description as mentioned in the information entered the hotel and wanted to meet the person staying in room no. 103. Raiding team also proceeded towards the room and found two persons namely Saad Ansari and Sonam Dava (respondents herein). Notice under Section 50 NDPS Act was given to them and they were explained their legal right to be searched before a Magistrate or Gazetted Officer, however, both of them refused to exercise their right. Nothing incriminating was found from the personal search of Sonam Dava. From the personal search of Saad Ansari, Rs.52,000/- was recovered and on enquiry, he revealed that out of the total amount, Rs.35,000/- was to be paid to Sonam Dava for purchasing charas. During the search of the room, two bags of black colour lying on the bed were recovered. One black colour bag on which "HP" was written was identified by Saad Ansari as his bag and the other bag with "Converse" written on it was identified by Sonam Dava as his bag. 19 pieces of rectangular shape of dark brown colour solid substance was recovered from the bag of Sonam Dava and its total weight was 2 kg. Two samples of 25 grams each were taken out and kept in small polythene pouches and were marked as A1 and A On the basis of material on record, charges under Section 20(b)(ii)(B) read with Section 28 NDPS Act and Section 29/20(b)(ii)(C) NDPS Act were framed against Saad Ansari and charges under Section 29/20(b)(ii)(C) NDPS Act were framed against Sonam Dava.

(3.) Prosecution examined 16 witnesses in order to prove its case. Rajesh Kumar (PW-2), C.S. Rai (PW-3), Sarita Kataria (PW-4), Azad Singh (PW7) and Vishwanath Tiwari (PW-9), members of the raiding team, deposed on the lines of complaint. V.K. Sharma (PW-11), Chemical examiner, proved the chemical analysis report as Ex.PW-11/A.