9911796707
TMI Blog2015 (10) TMI 330X X X X Extracts X X X X X X X X Extracts X X X X ..... point of time to implant the contraband in the vehicle. The defense of the appellant appears to be dishonest and an afterthought. After the samples and contraband had been received by Lakhi Ram (PW-3) who was working as inspector in Valuable Godown (through PW-7) entries in the Register were made after tallying the seal impression which was affixed on case property with the facsimile of the seal appearing in the test memo. These endorsements were proved as Ex.PW-3/A and Ex.PW-3/B. The sample tested positive for diacetylmorphine. The report of the CRCL Ex.PW-6/B had also checked the purity percentage of diacetylmorphine was found to be between 79-88% of the total 7.896 kg which was above the commercial quantity (250 grams). - On no count does the impugned judgment calls for any interference. The sentence imposed upon the appellant is also the minimum. - Decided against the appellant. - CRL. A. No. 637/2013 - - - Dated:- 4-9-2015 - Indermeet Kaur, J. For the Petitioner : MrNeeraj Bhardwaj, Adv For the Respondent : Mr Satish Aggarwal, Adv JUDGMENT Indermeet Kaur, J 1. This appeal is directed against the impugned judgment and order of sentence dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion, learned counsel for the appellant placed reliance upon AIR 2011 SC 1939 Narcotics Central Bureau Vs. Sukh Dev Raj Sodhi. There was no DD entry recorded regarding the secret information. This is a lacuna which is not explained. To support this submission learned counsel for the appellant has placed reliance upon 2005 [1] JCC [narcotics] 57 Eze Val Okeke @ Val EzeVs. Narcotic Control Bureau. Co-accused Shera was permitted to escape. He was the real culprit. This was the defence of the appellant right from inception and even in his statement recorded under Section 313 Cr.P.C. He had disclosed that he was only the driver of the vehicle and had been directed to go to Delhi. The contraband had been planted upon him. Shera was the passenger who was travelling in the car and the contraband belonged to him and not to the appellant. It is pointed out that the statement of the appellant recorded under Section 67 of the NDPS was retracted vide Ex.PX; this statement could not have been read against him. On all counts the appellant is entitled to benefit of doubt and consequent acquittal. 6. Arguments have been refuted. It is pointed out that the judgment suffers from no infirmity. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .D.P.S. Act is also recovered, the requirements of Sec. 50 of the Act are not attracted. In the second judgment (supra), the Apex Court had held: Sec. 50 will come into play only in the case of personal search of the accused and not of some baggage like a bag, article or container, etc. which he may be carrying. 11. The second member of the raiding party who was examined was the Investigating Officer R.Roy (PW-7). He deposed that on 02.01.2009 a secret information (Ex.PW-2/A) reduced into writing was received at 5.00 p.m. in the office of the DRI which was to the effect that two persons would be carrying some narcotic drugs on their person or concealed in a white colour Tata Sumo Vehicle No.PB 02X 6373 to deliver it to some person in Delhi and they would be crossing the Singhu Border around 2.00 a.m. on 03.1.2009. 12. Ex.PW-2/A has been perused. This document discloses that this secret information had been reduced into writing by Inderjit Singh Sahni (PW-2) and was discussed with Pankaj K.Singh, Deputy Director of DRI (PW-8). At point B in Ex.PW-2/A the endorsement of PW-8 is there which states that suitable action for seizure of the contraband may be taken. Testi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The total weight of the contraband was 7.896 kg. This without the cloth packet and the polythene packet; the gross weight was 7.891 kg. Three representative samples 5 gram each from the recovered substance from the 8 cloth packets were taken for the purpose of analysis. Remaining contraband was sealed. A panchnama (Ex.PW-7/A) was drawn up. It was signed by the appellant and the witnesses. The statement of the appellant under Section 67 (Ex.PW-7/F) was recorded wherein he admitted that this recovered contraband had been brought to him by Shera and this was to be carried to Delhi by concealing it in the vehicle. The contraband which was seized along with the samples and the test memo were deposited in the malkhana. 14. Another member of the raiding party who was examined was Hari Om. He was a public witness. He was examined as PW-9. He had also supported the version of the prosecution and had stated that in his presence the accused was apprehended and after notice had been served upon him under Section 50 of the NDPS Act, the contraband was recovered from his vehicle. 15. The owner of the Tata Sumo Vehicle, Harjinder Singh was examined as PW-10. He had stated that this vehicle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an but the appellant had disobeyed the instructions of his employer. He had taken this vehicle to Delhi where on the way he was apprehended. Compliance under Section 57 of the NDPS Act was effected vide Ex.PW-1/D. B.K.Banerjee (PW-1) had in this context deposed that while he was working as an Appraiser in the DRI headquarters, a report under Section 57 of the NDPS Act was submitted by PW-7 about the seizure and arrest of the accused; the same was proved as Ex.PW-1/D. Nothing had emerged in the evidence of PW-7 which could discredit his version. The defense of the appellant as emanated in his statement under Section 313 Cr.P.C, that it was Sher Singh to whom the contraband belonged and the appellant had no connection with the same is a defense which did not emanate in the cross-examination of the witnesses and had appeared only at the stage when the statement of the accused was recorded under Section 313 Cr.P.C. which was after 3 years. That apart this Court notes that in this statement the appellant had stated that he used to park the vehicle in the night at the residence of his employer (PW-11) and used to pick it up the next morning which he had done on the fateful day as well. H ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
