SANJEEV KUMAR Vs. STATE

JUDGEMENT

(1.) The present appeals are directed against the judgment dated 13th May 2016 passed by the learned Special Judge, NDPS whereby the appellants Sanjeev Kumar and Dinebari Debari @ Daniel were convicted for the offence punishable under Section 21(c) of Narcotics Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). Vide order on sentence dated 17th May, 2015, they were sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo simple imprisonment for six months for offence punishable under Section 21(c) of NDPS Act.

(2.) Briefly the prosecution case is that on 3rd November, 2010 at about 2:50 P.M., a secret informer came to the office of Special cell and informed that one person namely Sanjeev, resident of Punjab would come near Akshardham Mandir at about 5:00 P.M. to supply narcotic drugs to a Nigerian national. Aforesaid information was recorded vide DD No.11 (Ex.PW-11/A). Pursuant to this a raiding team was constituted vide DD No.12 (Ex.PW-11/B) by Inspector Satender Sangwan consisting of ASI Mahipal, HC Balraj, HC Anil Tyagi, HC Vijay Pratap, Ct. Rajesh and Ct. Satish. He requested nearby persons standing at Maharani Bagh bus stand to join the raiding team but they refused to do so. They reached near Akshardham Temple at about 4:15 P.M. and parked the government vehicle and a private car towards Akshardham Temple side opposite Pandav Nagar. He along with the secret informer and HC Balraj took position near Foot Over Bridge on the main road opposite Akshardham Temple. At 4:50 P.M., they noticed one person coming from Pandav Nagar side who was carrying black colour bag on his right shoulder who the informer identified as Sanjeev Kumar. He stood near the Foot Over Bridge and started waiting for someone and after some time started walking towards Railway Line, Ganesh Nagar. Inspector Satender Sangwan with the help of other police officials apprehended the person. On interrogation, that person revealed his name as Sanjeev Kumar, resident of Amritsar, Punjab. He was informed about his legal rights and thereafter, Insp. Satender Sangwan prepared and served notice under Section 50 NDPS Act vide Ex.PW-1/A which was signed by Sanjeev Kumar. He conducted the search of Sanjeev Kumar and recovered four packets wrapped with brown colour tape from one cavity found at the bottom of his bag and some clothes. All four packets were cut open from one corner and they were found containing cream colour powder. On testing the powder it was found to be heroin. On weighing the four packets A, B, C and D they were found to be 1.12 kilograms, 1.11 kilograms, 1.12 kilograms and 1.14 kilograms respectively. One sample of 20 grams each was taken from all four packets and put into small transparent pouches. They were given the mark S-1 to S-4. The cut marks on the four packets was covered with tape. He prepared the FSL form and affixed his seal SS on it. He took the case property into possession vide seizure memo Ex.PW-1/B. Thereafter, rukka was prepared vide Ex.PW-1/DA. On the basis of the rukka, FIR no. 45/2010 (Ex.PW-5/A) was registered at PS Special Cell under Section 21 NDPS Act.

(3.) Further investigation of the case was handed over to SI Anand Swaroop. He prepared the site plan (Ex.PW-1/DA) at the instance of Inspector Satender Sangwan. He arrested Sanjeev Kumar vide arrest memo Ex.PW-1/D. His personal search was done vide memo Ex.PW-1/E and disclosure statement was recorded vide Ex.PW-1/C. The black bag from which the heroin was recovered was seized vide seizure memo Ex.PW-1/F. On 4th November 2010, three days PC remand of Sanjeev Kumar was sought.