VINOD RAMCHANDRA DHAKAD Vs. M S A KHAN

JUDGEMENT

(1.) The appellant, who was original accused No.1 in NDPS Special Case No.107/2004, has preferred this Appeal against the Judgment and order passed by the learned Special Judge, NDPS Cases, Mumbai, whereby he was convicted for the offence punishable under Section 21(c) read with Section 8 of N.D.P.S. Act and was sentenced to undergo R.I. for ten years and to pay fine of Rs.1 lakh and in default to suffer simple imprisonment for six months.

(2.) Prosecution case, in brief, is that on 7.4.2004, early in the morning, three Intelligence Officers of Narcotic Control Bureau, received an intelligence to the effect that one person by name Vinod, resident of Madhya Pradesh, was going to deliver substantial quantity of heroin to one Velamayil from Trichy, Tamil Nadu, outside the Hotel Lokesh situated at Plot No.8, Sector 1, Koparkhairane, Navi Mumbai between 8.00 to 9.00 a.m. The intelligence also revealed that the heroin would be received on behalf of one Selvam, who was the owner of Hotel Lokesh. The intelligence was reduced to writing and signed by all the three officers and it was placed before PW-9 Ajit Patil, Superintendent of the N.C.B. Immediately, the Superintendent directed the officers to take action and to proceed to the spot near Hotel Lokesh. PW-1 Sanjay Poojari, who was at the residence of his colleage Mr. Kedare, also got the message and accordingly both these officers also rushed to the spot. PW-9 Ajit Patil himself along with several other officers of his Department went to the spot and reached there at about 7.30 a.m. Two persons were called to act as panch witnesses and they were duly informed about the information received and the purpose of the raid. Thereafter, the team of officers of N.C.B. and the panch witnesses took positino near the Hotel Lokesh and kept a watch. At about 8.25 a.m., one person was seen coming and standing near the Hotel Lokesh and after some time another person came from the Hotel Lokesh and received first one and took him inside the Hotel. The first person who had come to Hotel Lokesh was having a black colour shoulder bag. When he was about to hand over the said bag to the second person who had received him, they were intercepted and caught. Accused No.1 Vinod, who is appellant before this Court, was the person who had come there with a black colour shoulder bag. Accused No.2 - Subramanian Velmayil was the person who had received him and to whom accused No.1 was to hand over the bag. These persons were asked about their names and addresses. Both of them informed that the bag contained heroin. They were informed about their right to be searched before a Magistrate or a Gazetted Officer, but they declined the offer and agreed to give search in presence of the officers of N.C.B. and the panch witnesses. The bag was opened. In the bag Inside there was one scotch taped packet. Scotch taped packet was cut and then a polythene bag containing brown colour powder was found. PW-1 Sanjay Poojari cut open the corner of the polythene bag and a small quantity of brown powder was taken and tested it with the help of field testing kit and it confirmed the presence of heroin. The said polythene bag was emptied in another cleared bag and weighed it on weighing scale and it was found to be 3 kgs. Two representative samples of 5 grams each were taken from the said powder. The said samples were placed in two separate small polythene sachets and were duly heat sealed. The sachets were put in two separate paper envelopes and pasted. The description was written on the paper envelopes and they were duly sealed with NCB Seal No.03. When the powder was being weighed, accused No.3 Selvam Pillai, who was said to be owner of Hotel Lokesh, also came there and accused No.2 informed as per the instructions from accused No.3 Selvam the consignment was brought. The container of 2.990 kgs. heroin was kept in the polythene bag, it was heat sealed and then put in a carton which was closed with scotch tape and the label with description of the contents was affixed on it. It was also sealed with NCB Seal No.03. The labels were also signed by the panchas as well as all the accused persons. The shoulder bag, scotch taped bag and empty polythene bag were kept in another carton, which was also closely sealed and labelled with the label. About all this proceeding a panchnama was prepared on the spot. Thereafter, house of the accused No.3 was searched. About that also a panchnama was prepared. The Railway tickets from accused Nos. 1 and 2 were also seized under a panchnama. Muddemal property was deposited with the concerned oficer on the same day. The statements of all the accused three persons were recorded under Section 67 of the NDPS Act. After recording the statements of the accused persons, they were arrested and arrest notes and arrest reports were submitted. The samples were forwarded to the Customs Laboratory as well as the State Forensic Science Laboratory. They confirmed that the contents were heroin. After investigation, the case was filed by the CBI against all the three accused persons. The accused persons were put to trial for the offence punishable under Section 21(c) read with section 8(c) and under Section 29 read with Section 21(c) and Sec. 8(c) of the NDPS Act. They pleaded not guilty.

(3.) On behalf of the prosecution, in all 16 witnesses were examined and a large number of documents were placed on record. After trial, the learned Special Judge convicted the accused No.1 - Vinod alone and sentenced him as stated above. Accused Nos. 2 and 3 were acquitted of both the charges. Accused No.1 Vinod was also acquitted of charge under Sec. 29 read with Sec. 21(c).