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IN THE HIGH COURT OF DELHI AT NEW DELHI
S.P. GARG, J.
RAKESH KUMAR MEHRA - Appellant
Versus
STATE - Respondent
And
RAVINDER KUMAR - Appellant
Versus
DIRECTORATE OF REVENUE INTELLLIGENCE - Respondent
CRL.A. 1360, 1605/2014
Decided on : AUGUST 24, 2015
NDPS Act - Conviction based on sole testimony of Investigating Officer - Failure to produce independent public witnesses - Non-compliance with mandatory provisions of NDPS Act - Lack of corroboration from raiding team members and independent witnesses - Benefit of doubt to accused - Appeals accepted, conviction and sentence set aside
Fact of the Case:
The appellants were convicted for offences under Sections 29 and 21(c) read with Section 29 of the NDPS Act based on allegations of hatching a criminal conspiracy to deal in narcotic drugs and being found carrying and possessing a commercial quantity of heroin. The prosecution's case relied primarily on the testimony of the Investigating Officer and failed to produce independent public witnesses. The appellants denied their complicity and claimed false implication without examining any evidence in defense.
Finding of the Court:
The court found that the prosecution failed to produce independent public witnesses and did not comply with mandatory provisions of the NDPS Act. The conviction was based solely on the testimony of the Investigating Officer, without corroboration from other raiding team members and independent witnesses. As a result, the court held that the prosecution did not establish the commission of the offence beyond reasonable doubt and granted the benefit of doubt to the accused.
Issues: Non-compliance with mandatory provisions of NDPS Act, failure to produce independent public witnesses, lack of corroboration from raiding team members and independent witnesses
Ratio Decidendi: In cases involving stringent provisions of the NDPS Act, the prosecution evidence must be examined zealously to exclude every chance of false implication. Conviction based solely on the testimony of the Investigating Officer without corroboration from other witnesses is not sufficient to establish the commission of the offence beyond reasonable doubt.
Final Decision: The appeals filed by the appellants were accepted, and the conviction and sentence were set aside. The appellants were ordered to be released forthwith if not required to be detained in any other case.
S.P.GARG, J.
1. Aggrieved by a judgment dated 25.04.2014 of learned whereby the appellants Ravinder Kumar and Rakesh Kumar Mehra were held guilty for committing offences under Sections 29 and 21(c) read with Section 29 NDPS Act, they have filed the instant appeals. By an order dated 30.04.2014, they were sentenced to undergo RI for ten years with fine Rs.1 lac each under the aforesaid sections.
2. Briefly stated, in the complaint case instituted by Directorate of Revenue Intelligence (in short DRI) allegations against the appellants were that on or before 25.11.2007, they hatched a criminal conspiracy to deal in narcotic drugs (contraband substance i.e. heroin) by way of transporting and supplying it. Pursuant to that conspiracy, on 25.11.2007 at about 10.15 a.m., they were intercepted by DRI officers while travelling in a Maruti 800 car bearing Registration No.JK-02G-4126 at Singhu Border on G.T.Karnal Road and were found carrying and possessing 20 packets of heroin having net weight 20.073 kg with purity of 45.2% to 69.5%, a commercial quantity.
3. On 25.11.2007 at about 7.00 a.m., Yogesh Kumar Choudhary (PW-2) received a secret information from reliable source that a white colour Maruti 800 car bearing Registration No.JK 02G 4126 occupied by two male persons would cross Singhu Border on GT Karnal Road to enter Delhi between 9.30 a.m. to 10.30 a.m. and some narcotic drugs were concealed therein. The information after being reduced into writing (Ex.PW-2/A) was placed before senior officer (PW-5 Pankaj K.Singh) who after having consultations and discussions with his senior officers directed PW-8 (Jyothimon), the Investigating Officer, to take appropriate action in the matter immediately.
4. Further case of the DRI is that acting upon the said secret information, a raiding party was organized. Two public witnesses, Sandeep Singh and Akshit @ Sonu were associated and they were apprised about the secret information. The raiding team went to the spot and laid a vigil on the vehicles entering Delhi. At around 10.15 a.m. a white colour Maruti Car 800 bearing Registration No. JK 02G 4126 entering Delhi was signaled to stop. It was occupied by two male individuals and a female. After introducing themselves to the three occupants of the car, DRI officers inquired whether they were carrying any narcotic drugs on their person or in the car. They replied in the negative. The spot being a busy highway was not found suitable to conduct search. The raiding team along with occupants of the car came to the parking area of the DRI office. Ms. Poonam Aggarwal (PW-6) was associated in the investigation at the parking area. Notices under Section 50 of the NDPS (Ex.PW-8P; Ex.PW-8/Q and Ex.PW-6/A) were served upon the occupants of the car. During search of the car, 11 cloth packets stuffed inside a speaker box lying in the dickey of the car and nine cloth packets kept in white HDPE bag, concealed in the bonnet of the car were recovered. Documents numbering eight were found from the dash board of the car. The total weight of the recovered contraband i.e. heroin out of twenty bax was found to be 20.474 kg. The recovered heroin along with its packings, speaker box, HDPE bag, car and the documents were seized. Two representative samples of 5 gms each from each of the recovered packets were taken and kept in separate zip lock small polythene packets. The occupants of the car were searched. Nothing incriminating was recovered from Mr. Ravinder Kumar and Ms.Sharifa Bibi. A mobile make nokia was recovered on Rakesh Kumar’s personal search. Punchnama (Ex.PW6/B) was prepared.
5. Further case of the prosecution (DRI) is that statements Ex.PW-8/B (Ravinder Kumar) Ex.PW-8/C (Rakesh Kumar Mehra) and Ex.PW-3/A(Sharifa Bibi) were reduced into writing under Section 67 of the NDPS Act. The appellants tendered the statements voluntarily inculpating themselves in the recovery and trafficking of the contraband. Both the appellants were arrested on 26.11.2007
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