NIRMAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal revision, preferred by the revisionist under Section 397/ 401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr. P. C), is directed against the judgment and order dated 25-11-1987 passed by Special Judge, anti-Corruption, U. P. (East) Dehradun in criminal Appeal No. 128 of 1981, dismissing the appeal arising out of Criminal Case no. 201 of 1980, decided by Special Magistrate c. B. I. /s. P. E. , 1st Class, Dehradun on 11-12-1981 convicting the revisionist nirmal Singh u/s. 14 of The Dangerous drugs Act, 1930 (Act No. II of 1930) (hereinafter to be referred as the Act) and sentencing him to two years R I. and fine of Rs. 5,000/- and in default of payment of fine, six months' further S. I. was awarded.

(2.) BRIEFLY stated, facts of the case are that an information was conveyed to the CBI through National Crime Bureau, Netherlands who reported arrest of one Armand bertrand Alphonse Van Ghyschen, a Belgium national in Netherlands while he was in possession of 7 envelopes containing three grams of contraband heroine each. Van ghyschen disclosed that the envelopes containing the contraband had been mailed to him by revisionist/accused Nirmal Singh of 7 R. A. Lines, Meerut Cantt. A search warrant was obtained from the Court of Special magistrate and the house of the revisionist/ accused Nirmal Singh S/o Ajaib Singh r/o 7 R. A. Lines, Meerut Cantt. was searched in the presence of revisionist /accused nirmal Singh and recovery witnesses atibul Kureal and Raghubir Prasad by a team of Officers of CBI consisting of Dy. S. P. B. N. Mishra, Inspector N. P. Tiwari, Sub-Inspector Ram Chander Singh, ASI janardan Singh, Head Constable O. P. Gulati, all of CBI. CIU (NC) New Delhi, Sri V. P. Saxena, S. I. of Lal Kurti Police Station, meerut on 17-12-1978 in presence of two independent witnesses namely Atibul Kureal and Raghubir Prasad, both Sorters of R. M. S. Meerut Cantt. Railway Station. The raid yielded recovery of a polythene bag with morphine tablets weighing 580 gms. a plastic jar containing 300 grams of morphine powder and one Bhagona containing powder in the paste form weighing 115 gms. and also some apparatus for manufacturing the morphine and morphine tablets from one of the bedrooms of the above house which was found in occupation of revisionist /accused nirmal Singh as the key of the lock of the room was recovered from his possession. The contraband morphine power, morphine tablets and apparatus were sealed on the spot over and above the signatures of the independent witnesses and that of CBI and police Officers. Two facsimiles of the seal were also prepared at the spot, which too was signed by two independent witnesses and CBI including police officers. A recovery memo was also prepared at the spot under the signatures of all concerned and the two independent witnesses, the recovery memo is Ex. Ka-2. The seal bearing the impression as "bn" was handover to Atibal kureal for safe custody after the proceedings of raid were over. It was specifically mentioned in the recovery memo prepared on the spot in presence of recovery witnesses that on their request, revisionist/accused nirmal Singh very reluctantly and in nonplused condition opened the lock of the door of the above said room by taking out a key from the right pocket of his pant. Inside this room, revisionist/accused Nirmal Singh took out another key from the right pocket of his pant and opened the lock of an old tin box which was lying behind the small steel almirah towards the western wall of the room. The lock of the box was found marked 'everest 7 NOMBER, Aligarh' No. 745 and key marked '6'. On opening of the box in presence of the independent witnesses and other members of the party, it was found to contain the following articles :-1. One polythene bag tied with a rubber band containing small morphine tablets. 2. One plastic container (Jar) containing some morphine powder.

(3.) ONE Bhagona containing some wet morphine, with a knife of steel.