SEHDEV Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 8th August 2001 passed by the learned Additional Sessions Judge (ASJ)Delhi, convicting the appellant for the offence under Section 20 of the Narcotic Drugs and psychotropic Substances Act, 1985 (NDPS act ). It is also directed against the order dated 23rd August 2001 sentencing the appellant to rigorous imprisonment (RI) for ten years and to pay a fine of Rs. 1 lakh and in default of payment of fine to undergo a further RI for a period of one year.

(2.) IT may be mentioned that in terms of the nominal roll submitted by the jail authorities, as on 11th September 2008, the Appellant had completed eight years, eight months and nine days of imprisonment. Thereafter his sentence was suspended by this Court by an order dated 21st January 2009 by which time he had completed more than nine years of imprisonment.

(3.) ACCORDING to the prosecution on 9th january 2000 SI Satender Kumar was on patrolling duty along with Inspector Jagbir singh Malik and Head Constable (HC) Rajbir, constable Amit and Constable Vijay in the area of Police Station (P. S.) Keshav Puram. At around 4. 30 p. m. they were present near the t-point, Ring Road, near the Britannia Biscuit factory. At around 4. 40 p. m. , a blue line bus route No. 861 stopped at the Britannia bus stop. Some passengers including the Appellant alighted from the bus. The appellant is stated to have been holding a potli in his hand. He came walking towards the T-point for about 20-25 steps. However, on seeing the police party, he turned on his heels and moved quickly in the opposite direction. On suspicion, he was chased and apprehended at around 4. 40 p. m. On enquiry the police ascertained his name and that he was a resident of a jhuggi at village Khayala. On checking, his potli was found to contain a polythene bag containing charas, both in the form of sticks and plates. He was served with the notice under Section 50 NDPS Act and according to the prosecution he declined the offer to be searched personally before a Magistrate since all that he was carrying had already been detected. Some passersby were asked to join the investigation but they declined. SI satender Kumar, under the direction of inspector Jagbir Singh Malik, then undertook the search of the appellant. However, nothing incriminating recovered from his person. The polythene bag stated to contain charas in the form of sticks weighing around 800 grams and in the form of plates weighing around one kg, was seized. Two samples weighing 50 grams each were taken out from the charas in stick form as well as in the shape of plates. The samples and the residual quantities were then packed in separate pullandas. In all, five pullandas were prepared and sealed with the seal of SKT. The same seal was also placed on the CFSL form which was filled at the spot. The seal after use was handed over to inspector Jagbir Singh. Rukka was prepared by SI Satender Kumar and sent to the police station through Constable Amit Kumar for registration of the FIR. All the pullandas and cfsl forms sealed with SKT were handed over to Constable Amit Kumar for being handed over to the SHO. It is stated that at the police station, the SHO put a seal of SPY on the pullandas and the form CFSL and the case property along with the form CFSL was deposited in the malkhana.