Modu v. State of (G.N.C.T.) of Delhi

PA.TFTAK, J.

\\' *IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 847/2010 % Judgment reserved on22no November,2012 .Judgement delivered on 27th November, 2012 MODU ..... Appellant Through: Mr.Deepak Vohra, Adv. versus '? srATE oF NCT oF DELHI ..... Respondent Through: Ms. Fizani Hussain, APP . CORAM: HON'BLE MR. JUSTICE A.K. PATTIAK A.K. PATHAK. J. For order see Crl.A.No.426l20I0. NOVEMBER 27,2012 rb .+- + % *IN THE TITGII COURT OF DELIII AT NEW DELTtrT CR.L.A. 426/2OLQ . Judgment reserved on 22''d November, 2012 ' Judgement delivered on 27t" Noventber, 2012 \ CRL.A. 84712010 MODU Through: Versus STATE OF NCT OF DELHI ..... Appcllant Mr. Deepak Vohra, Adv. ..... Respondent e Crl. A. No. 426 of 2O1O 6r MOI-iD. IBRAI-IIM ..... Appellant Through: Mr. Aditya Wadhwa, Adv. aversus STATE OF NCT OF DELI-II ..... Resportder"rt Through: Ms. Fizani Hussain, APP 't'hrough: Ms. Fizani Flussain, APP CORAM: TION'BLE MR. JUST'trCE A.K. PATtrIAK A.K. PATFtrAK, J. 1. Appellants have been convicted under Section 20 (b) (ii) (c) of the Narcotic Drr-rgs ancl Psychotropic Substatrcrrs Act, l9t]5 (fbr SliOrt hereinafter teferrcd to as "the AcL") by the trial colrrt; ( t^ 1' sentenced to undergo rigorous irnprisontneut r,r'ith fine of tl lac each and in del'ault bf undergo sirnple imprisomnerrt for six mouths. 428 Cr.P.C. has also beetr extetrded to ,tt"rrr. for teu years each payment ol' fine to Benel"it of Section 2. Aggrieved by their conviction as also the sentences as handed down to thenr by the trial court, appellants have preferred the above noted appeals, u,hich arise fiotn the same incident, FIR and judgment; thus, are disposed of together. 3. Prosecution case as set out in the charge-sheet is that PW2 ASI Yeshpal Singh was present in the Police Station Tilak Marg, t New Delhi o1' 25'l' July, 2005 at aboLrt 3 PM when a secret inforrner contacted him ancl informecl tlrat trvo yotlltg boys, n4ro were Bangladeshi nationals, used to sell 'ganja' ald they r'vould de-board a train at. Tilal< Bridge Railway Station ,betrveett 4 to 5 p.rn. lvith large qr-rantity of 'ganja' and rn,ould go to Golcr-rlpuri. in an auto rickshau'. Information was recorded in daily diary. PW2 ASi Yeshpal Singh also infbrmed this fact to I'}W6 Station l-Iouse Ofticer Inspector Satya I'al Singh, rvlto in turn passecl on this inforr"nation to Assistant Conmissioner of Police Niranjan Singh, Crl. A. No. 426 of 2010 t F, q\ u4ro directecl Ibr conduc,ting ol a raid Lo apprehend the culprits. Accordingly, PW2 ASI Yeshpal Singh fomred a raicling party complising of PW3 Constable Rakesh Kumar and PW4 Constable Satish Kumar. Thereafter, raiding party reached near the staircase of Tilak Briclge Railu,a)' Station at abcut 3:30 PM. I;ive-six passersbl' were requested to join the raiding party but thcy showed their inability to join the proceedings. Raiding party toclk position , near the staircase. 4. At about 4 PM two bo-vs were seen coming clown fi:om the staircase.' Mohd. Ibrahirn (rvhose naille rryas disclosed after tiis apprehension) rvas canyirr$ tlvo brorvn colourecl rexine bags cln his shourlclcrs and one blue coloured suitcase in his right hand. ldodu (wtose narnc was also disciosed after ltis apprehcnsion) was carrying a black coloured rexine bag. Both of them \ rere irrtercepted. Notice undcr Section 50 o1'the Act was seryed on the appellants and they \vere askecl, rvhether they rvanted to be searchecl in.presence oI a Magistrate or Gazetted Offrcer zrt r,vlrich they stated that they rvere not r,villing to be searclred belbre a Ma-eistrate or Gazetted Officer. Raiding party searcltecl the bags Crl. A, No. 426 of 2010 I ,Lfr \) +\ and suitcase, which Ibrahim was carrying ancl green colotrtecl leaves were recovered. Sirnilarly, frour the bag of Moclu sin'rilar kinc{ of leaves were recovered. It was found to be 'ganja'. The total quantity of ganja Lecovered fiom N4ohd. Ibrahirn was 51 kg; r,r'hereas the total quantity of ganja recovered liom Modr-r r'vas 29 lcg. Sample of 1 kg each r,vas