FRANCIS O AKAHIE Vs. N C B

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 30. 4. 2009 and Order on Sentence dated 14. 5. 2009 whereby the appellant was convicted under Section 21 (c) of NDPS act and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lakh or to undergo simple imprisonment for four months in default.

(2.) THE case of the prosecution, in brief, is that on 14. 5. 2001, that Shri n. S. Ahlawat, Asstt. Director, Narcotic Control Bureau received secret information that the appellant, after procuring drugs from Alberts house at vasant Vihar would come at T- Junction of Sangam Vihar at Rao Tula Ram marg near a Marble Plaque, to deliver the drug to an unknown person. After the information had been reduced in writing and submitted to superior officers, a team led by Shri N. S. Ahlawat, reached at the spot after joining two persons namely Ved Prakash and Pradeep Kumar in their team. The appellant was intercepted while having a green bag on his shoulder. After serving a notice under Section 50 of NDPS Act on him in reply to which the appellant Francis told them that any officer could search him, the bag being carried by the appellant was searched and was found to contain two polythene bags. White powder was found in the polythene bags which on testing with the help of Field test Kit gave positive result of narcotics substance. After drawing sample, and sealing them and filling up CRCL form. The samples as well as the contraband were seized. The team of NCB also went to the house in Vasant vihar where Albert was staying and recovered narcotics. The appellant also made a statement under Section 67 of NDPS Act admitting the recovery and his connection with Albert.

(3.) THE prosecution examined 16 witnesses in support of its case. No witness was examined in defence. PW-11 Shri N. S. Ahlawat stated that on 14. 5. 2001, he received a secret information that two Nigerians namely Francis and Albert were drug smugglers and one Francis would come at T-Junction of Sangam Vihar at Rou marg to deliver heroin to some unknown persons after procuring the same from albert house who was the resident of Vasant Vihar. The information was reduced into writing Ex. PW-11/a. He submitted the same to Zonal Director, who directed him to raid and take necessary actions. The said information bears signatures of the Zonal Director at point B on it. The witness has further stated that he organized a team and gave Search Authorization to Jyothimon, I. O. along with seal of NCB DZU3. They reached the T- junction and took position on the spot. The appellant was intercepted by the team in presence of two independent witnesses who were called by the IO before hand and two kilogram of heroin was recovered from the green bag which the appellant was carrying on his shoulder. Thereafter, the team searched House No. B-9, Vasant Vihar where a nigerian who was inside the house threw something in the toilet on seeing them and flushed it. By the time, the team reached upstairs at first floor, he jumped from the window and went up to the roof from where he fled away.