TILAK RAJ Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence both dated 14/2/1992 passed by the learned Additional Sessions Judge (ASJ) whereby the appellant has been convicted for the offence under Section 21 of Narcotic Drugs & Psychotropic Substances Act (for short the 'NDPS Act') and sentenced to RI for 10 years and a fine of Rs. one lakh and in default of payment of fine SI for 3 months.

(2.) Briefly, the facts are that the appellant was an undertrial (in case FIR No. 111/89 under Sections 380/411 IPC) and an inmate in Tihar jail. On 10/7/1989 when he was returned after a meeting/interview with his relations in the meeting room, he was searched by SI Ganesh Murthy TSP at about 11.30 a.m. and on his search two paper packets containing smack concealed in two green chillies were recovered in the presence of Public Witness S.K. Matta, Assistant Superintendent of Jail. The accused was produced before Shri Sunil Gupta, Deputy Superintendent of Jail where the accused is alleged to have confessed the aforesaid guilt/offence. Local police was informed and Shri Sunil Gupta lodged a written report to ASI Vijay Pal Singh who reached there. The recovered smack which weighed 500 mgms, purias and green chillies were seized by him in sealed parcels duly sealed with the seal of his colleague Jaswant Singh "JS" (as his seal was not available with him). SHO Dilbagh Singh of PS Hari Nagar had also reached there and he had also affixed his seal of DBS on the sealed parcels; CFSL form was filled in and both the seals were affixed thereon also. An FIR was registered at P.S. Hari Nagar. CFSL report found positive test for heroin. The accused was challaned and charged for an offence under Section 21 of the NDPS Act.

(3.) During trial, prosecution, inter alia, examined Sunil Gupta, Deputy Superintendent (Public Witness-3), S.K. Matta Assistant Suptd. (Public Witness-5), Inspector Dilbagh Singh SHO (Public Witness-6) and ASI Vijay Pal Singh IO (Public Witness-7) who supported the prosecution case. Public Witness-1 HC Sugan Lal, Moharrar Malkhana, Public Witness-2 Ct. Brahm Pal Singh had accompanied ASI Vijay Pal Singh, Public Witness-4 ASI Jaswant Singh as Duty Officer had registered the FIR and Public Witness-8 Ct. Jaipal Singh had taken the sample parcel to CFSL. In his statement the accused has taken the simple plea that it was a false case and the witnesses were false. He did not lead any evidence in defence.