SHAMIM Vs. STATE

JUDGEMENT

(1.) This appeal has been brought against judgment dated January 12, 1989 of an Additional Sessions Judge, New Delhi by which he has convicted the appellant of offence punishable under Sections 18 and 21 of N.D.P.S. Act and against the subsequent order dated January 16, 1989 by which the appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of rupees on lac and in default of payment of fine, to further undergo rigorous imprisonment for two years.

(2.) The facts of the case in brief are that PW-6 Rajinder Bakshi, Sub Inspector who was then Incharge of Police Post Amar Colony on May 21, 1987 was said to be patrolling the area, accompanied by constables Jeet Ram, Lal Singh, Wahid Khan, Kishan Kumar, Roshan Lal and Govind Ram ; and at about 5.30 P.M. when they reached near C-Block Market, East of Kailash that he received a secret information to the effect that two persons having opium and charas in their possession would be coming from the Village Garhi side and would be proceeding towards Okhil through Block A Market, East of Kailash. Thus he organized the raiding party comprising of the police officials already with him and in the meantime PW-6 Sushil Kumar who was then stated to be working as S H.O. of Police Station Lajpat Nagar had also reached in his jeep by chance at that spot Thereafter they proceeded to the A Block Market and that they had made request to some 8 or 10 persons who were passing by to join in the raiding party but none of them agreed. A Nakabandi was made at the culvert near A Block Market while the jeep of S.H.O was hidden at some place. At about 6.15 P.M. on the pointing out by the secret informer the appellant and one Abrar Khan were seen coining and they were carrying a cloth bag each in their right hands and they were apprehended. It was disclosed to the appellant that police had secret information of his being in possession of contraband and an offer was given to him that if be so desired his personal search could be taken in the presence of a gazatted officer or a Magistrate. It is stated that on appellant declining the said offer, the said bag was searched in which opium was found which was weighed and it came to be 2 Kg. and 300 Gins. A sample of 100 gms. was taken and the sample and the remaining opium were converted into separate sealed parcels by affixing the seal of APS and of S K B. SKB belonged to the S.H.O. Necessary form was also filled in on which the specimen of the seals were affixed. The opium and the sample were taken into possession. The seal was handed over to constable Jeet Ram after use by the I.O. Rukka En:. PW5/B was prepared and was sent through constable Roshan Lal on the basis of which the case was registered A site plan Ex. Public Witness 6/A was prepared at the spot. A personal search memo of the appellant Ex. PW6/B was also prepared.

(3.) Later on the sample was got sent to C.F.S.L. from the Malkhana and the report Ex. PW6/C was received showing that the sample was of opium. In support of the charge, PW-1 Inspector Sushil Kumar, PW-2 Constable Jeet Ram. PW-3 Constable Lal Singh, PW-6 S.I. Rajinder Bakshi appeared for proving the material facts of the case. PW-4 Head Constable Abdul Wahid was working as Malkhana Marharrar at the relevant lime and he proved the entries from the Malkhana Register, copy of which is Ex PW4/A and he also deposed that as long as the case property remained in the Malkhana, no one tampered with the same. PW-Head Constable Rajinder Singh was working as Duty Officer at the relevant time and he scribed the FIR. carbon copy of which is Ex. PW5/A. The learned Additional Sessions Judge has believed the prosecution case and thus convicted and sentenced the appellant.