REKHA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE prosecution swung into action when a secret information was received on 1. 8. 2000 at about 10. 45 AM at Police Station Narcotics Branch that Salim and rekha who were indulged in the trade of supplying smack at Delhi after procuring it from Madhya Pradesh would be coming in between 12. 00 to 1. 00 PM for supplying smack in Sector 16, Rohini. They would be carrying huge quantity of smack with them. On this information DD No. 5 dated 1. 8. 2000 was recorded at Police station Narcotics Branch, Delhi. Inspector Chandra Prabha, SHO, Narcotics branch, was accordingly informed who in turn informed Mr. M. S. Chikara, ACP on telephone. Mr. M. S. Chikara instructed her to carry out immediate raid. Copy of the DD was also sent to the senior officers by post.

(2.) SI Attar Singh organized a raiding party consisting of himself, Inspector chandra Prabha, HC Paramjeet, Const. Naresh, Const. Dilawar, Const. Ravinder, const. Virender and two drivers namely Const. Vijay and Const. Surat Singh. Efforts to join public persons in the raiding party failed. Nakabandi was made in front of Petrol Pump near Police Post Sector 16, Rohini. At about 12. 15 PM both the appellants, Rekha and Salim were apprehended on the pointing out of the secret informer. The appellants were conveyed of information with the raiding party and were also informed that their search was to be conducted and if they desired their search could be conducted either before a gazetted officer or a magistrate to which appellants refused. A notice under Section 50 of The narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as act) was also served upon them. The appellants refused to exercise the option. In the meantime, ACP M. S. Chikara also reached at the spot. On his directions inspector Chandra Prabha recovered the suitcase from the right hand of Rekha and on checking the suitcase, besides clothes, it was found to contain smack weighing 1 kg concealed in between the two lids at the bottom of the suitcase. SI Attar Singh recovered black colour cloth bag from the right hand of appellant saleem which on checking also found contained smack among cloths weighing 1 kg. Thereafter ACP M. S. Chikara left the spot.

(3.) TWO samples weighing 10 grams each were taken out from the smack recovered from the possession of the appellant Rikha and appellant Salim respectively. The samples and the remaining recovered smack were sealed and FSL form were filled in for both the recoveries. The samples and recovered smack and FSL form were sealed with the seal of CP by Inspector Chandra Prabha. Seal was also affixed on the FSL forms. The recovered smack and the samples were seized. Inspector Chandra Prabha prepared rukka and sent it through Const. Virender for registration of the FIR to Police Station Narcotics Branch. FIR No. 28/2000 dated 1. 8. 2000 was registered for offences under Section 21 of the Act. Thereafter investigation was transferred to SI Dharampal. The samples were sent to FSL and FSL report Ex. PW1/a was received which gave positive test and the contents were found to be diacetylmorphine (heroin ).