PRADEEP KUMAR Vs. STATE

JUDGEMENT

(1.) In this appeal, the appellant challenges his conviction for offences under section 21 of the Narcotic Drug & Psychotropic Substances Act, 1985 (for short NDPS Act) as well as section 20 Part II of the aforesaid Act, recorded by judgment dated 30th May, 1987 as also order of sentence passed separately on 2nd June, 1987 whereby he was awarded rigorous imprisonment for ten years and also a sentence of fine of Rs. 1,00,000; sentence in default being further imprisonment for two years.

(2.) As per prosecution case. on secret information having been received by AST Om Parkash of Crime Branch (Public Witness .7), on 2nd May 1986 to the effect that a man named Kaka along with one Pradip was dealing in charas and that they were likely to carry the said commodity to Gole Market that day. the said ASI Om Prakash together with SI Surinder Singh (PW6), and four constables formed a raiding party under the supervision of Inspector Shamsher Singh (Public Witness 5j and picketed near Bhartiya Poultry Farm in the Gole Market and that at about 5.30 in the evening, the appellant Pradip along with another person, identified later as Munir, were spotted coming from the side. of block 24 and on the pointing out of the informer, they were intercepted, and told that they were suspected of carrying contraband in the nature of charas and the police party intended to have their search.

(3.) It is alleged that AST Om Parkash, who is: investigating Officer of this case, informed Pradip, appellant herein, that if he wanted, he could have himself searched before a gazetted Officer or before a Magistrate but this offer was declined and thereafter the- card board box, which the appellant was found carrying in his right hand, was checked and it was found to contain two flat plates wraped in a polythene paper which plate? were of charas of one kg. each. A sample of 10 grams from each of the plates was allegedly taken and placed in a parcel whereas the residue of the seized commodity was kept in a separate parcel and both the parcels were sealed with the seal of ASI Om Prakash, which after use were handed over to his colleague SI Surinder Singh. Incidentally, it is mentioned that this SI Surinder Singh had conducted search of the companion of the appellant, namely, Munir who also was foung to be in possession of identical card board box, the contents whereof were also found to be two plates of charas each weighing one kg., and both these police officials, who are respective investigating officers in the two cases, booked simultaneously, and where proceedings were recorded at the spot, exchanged the seal used by them with each other.