Ved Prakash @ Kalu v. State

NAVIN CHAWLA, J OCTOBER 16, 2018 Sd/Arya

Crl. A. No.627/2017 Page 1 $-R-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on 29th September, 2018 Date of decision: 16th October, 2018 + CRL. A. 627/2017 VED PRAKASH alias KALU ..... Appellant Through: Ms. Rakhi Dubey, Advocate versus STATE ..... Respondent Through Mr.G.M. Farooqi, Adv. alongwith SI Narinder Sehrawat, ISC Crime Branch, Chankya Puri CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA 1. This appeal has been filed challenging the Judgment dated 27.02.2017 passed by the learned Additional Sessions Judge-02 (East)/Special Judge (NDPS), Karkardooma Courts, Delhi in Sessions Case No. 555/16 convicting the appellant under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "Act"). The appeal further challenges the order dated 06.03.2017 passed by the Special Judge (NDPS) sentencing the appellant to undergo Rigorous Imprisonment (RI) for a period of ten years with a fine of Rs. 1 lakh; in default of payment of fine, to undergo RI of one year. 2. It is the case of the prosecution that on 21.06.2011, HC Suresh (PW-5) was posted at Anti Robbery Cell, Nehru Place. At around 10 Crl. A. No.627/2017 Page 2 AM, a secret informer came to him and informed that around 12 noon one Mahesh alias Meshi and his companion, the appellant herein, who were residents of Jhuggis at Nehru Camp, Near Mother Dairy, Patparganj would come for supply of ganja in TSR bearing Registration No. DL 1RL 3268. He conveyed this information to ASI Surender Singh (PW-8). ASI Surender Singh (PW-8) made enquiries from the secret informer and further conveyed the information to Inspector J.S. Joon. Inspector J.S. Joon also made enquiries from the secret informer and thereafter conveyed this information to ACP Bir Singh Yadav, who directed further action to be taken as per law. 3. ASI Surender Singh (PW-8) thereafter constituted a raiding party consisting inter alia of himself, HC Suresh (PW-5) and Constable Anil Kumar (PW-3). Daily Diary Entry No.4 was also prepared by him. The raiding party left for the site and on the way requested public witnesses to join the investigation, to which all of them refused. Even at the spot public persons were asked to join the investigation, however, they left the spot without disclosing their identities. 4. At around 11:50 AM, the secret informer pointed out towards the TSR coming to the spot. The TSR was being driven by accused Mahesh alias Meshi and the appellant was sitting with him. On being confronted, both the accused were given notice under Section 50 of the Act explaining that they can have themselves searched in the presence of a Magistrate or a Gazetted Officer. As the accused persons refused to avail of their right, a search was carried out and Crl. A. No.627/2017 Page 3 nine plastic bags were recovered. On opening the bags, green leaves and seed like things which were smelling like ganja were recovered. Bag Nos. 1 to 4 were marked as Mark "A" and the other five bags were marked as Mark "B". The total weight of the bags was 285 Kg. 5. Some ganja was taken from each bag of Mark "A" and two samples were prepared consisting of one kilogram of ganja. The same were marked as S-A-1 and S-A-2. Similarly, ganja was taken out from each of the bags from Mark "B" and two samples were prepared and marked as SB-1 and SB-2. Rest of the case property was kept in respective bags after sewing the same and sealing with the seal of SSD. 6. Thereafter, ASI Surender Singh (PW-8) prepared the rukka of the same along with case property, samples, Form FSL and carbon copy of the seizure memo, which were handed over to HC Suresh (PW-5) for producing them before the Duty Officer for registration of the FIR. 7. Based on the rukka, FIR No. 171/2011 was registered at Police Station Crime Branch, Nehru Place under Sections 20, 25 and 29 of the Act. 8. Inspector C.R. Meena (PW-7) who was posted as SHO, Crime Branch, was given the case property bearing the seal of SSD. He affixed the seal of