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2019 Supreme(Del) 622
IN THE HIGH COURT OF DELHI AT NEW DELHI
UKTA GUPTA, J.
Sanjeev Kumar - Appellant
Versus
State - Respondent
Criminal Appeal No. 770 & 855 of 2016; Criminal Miscellaneous Bail No. 1618 of 2017
Decided on : 22-04-2019
Advocate Appeared:
Vikas Gautam, Adv., Rajni Gupta, Adv., Aditya Vikram, Adv., Avinash, Adv.
Non-compliance with mandatory provisions and contradictions in testimonies led to the acquittal of the appellants.
Headnote:
NDPS Act - Conviction under Section 21(c) - Sections 41(2) and 42(2) NDPS Act, Section 55, FSL Form, Case Property, Compliance of Mandatory Provisions, Contradictions in Testimonies - Summary of Acts and Sections: The court discussed the violations of Sections 41(2) and 42(2) NDPS Act, Section 55, and the FSL Form, along with the compliance of mandatory provisions and contradictions in testimonies. The judgment highlighted the lack of compliance with mandatory provisions and contradictions in the testimonies of the witnesses, leading to the acquittal of the appellants.
Fact of the Case:
The prosecution case involved the arrest and conviction of the appellants for supplying narcotic drugs under the NDPS Act. The appellants challenged the conviction, citing violations of NDPS Act provisions, deficiencies in the FSL form, and manipulation of case property.
Finding of the Court:
The court found non-compliance with mandatory provisions and contradictions in the testimonies of the witnesses, leading to the acquittal of the appellants.
Issues: Violations of NDPS Act provisions, deficiencies in the FSL form, manipulation of case property, and contradictions in testimonies.
Ratio Decidendi: Non-compliance with mandatory provisions and contradictions in testimonies led to the acquittal of the appellants.
Final Decision: The impugned judgment of conviction and order on sentence were set aside, and the appellants were directed to be released forthwith if not required in any other case.
MUKTA GUPTA, J.
1. The present appeals are directed against the judgment dated 13th May 2016 passed by the learned Special Judge, NDPS whereby the appellants Sanjeev Kumar and Dinebari Debari @ Daniel were convicted for the offence punishable under Section 21(c) of Narcotics Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’). Vide order on sentence dated 17th May, 2015, they were sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo simple imprisonment for six months for offence punishable under Section 21(c) of NDPS Act.
2. Briefly the prosecution case is that on 3rd November, 2010 at about 2:50 P.M., a secret informer came to the office of Special cell and informed that one person namely Sanjeev, resident of Punjab would come near Akshardham Mandir at about 5:00 P.M. to supply narcotic drugs to a Nigerian national. Aforesaid information was recorded vide DD No.11 (Ex.PW-11/A). Pursuant to this a raiding team was constituted vide DD No.12 (Ex.PW-11/B) by Inspector Satender Sangwan consisting of ASI Mahipal, HC Balraj, HC Anil Tyagi, HC Vijay Pratap, Ct. Rajesh and Ct. Satish. He requested nearby persons standing at Maharani Bagh bus stand to join the raiding team but they refused to do so. They reached near Akshardham Temple at about 4:15 P.M. and parked the government vehicle and a private car towards Akshardham Temple side opposite Pandav Nagar. He along with the secret informer and HC Balraj took position near Foot Over Bridge on the main road opposite Akshardham Temple. At 4:50 P.M., they noticed one person coming from Pandav Nagar side who was carrying black colour bag on his right shoulder who the informer identified as Sanjeev Kumar. He stood near the Foot Over Bridge and started waiting for someone and after some time started walking towards Railway Line, Ganesh Nagar. Inspector Satender Sangwan with the help of other police officials apprehended the person. On interrogation, that person revealed his name as Sanjeev Kumar, resident of Amritsar, Punjab. He was informed about his legal rights and thereafter, Insp. Satender Sangwan prepared and served notice under Section 50 NDPS Act vide Ex.PW-1/A which was signed by Sanjeev Kumar. He conducted the search of Sanjeev Kumar and recovered four packets wrapped with brown colour tape from one cavity found at the bottom of his bag and some clothes. All four packets were cut open from one corner and they were found containing cream colour powder. On testing the powder it was found to be heroin. On weighing the four packets A, B, C and D they were found to be 1.12 kilograms, 1.11 kilograms, 1.12 kilograms and 1.14 kilograms respectively. One sample of 20 grams each was taken from all four packets and put into small transparent pouches. They were given the mark S-1 to S-4. The cut marks on the four packets was covered with tape. He prepared the FSL form and affixed his seal SS on it. He took the case property into possession vide seizure memo Ex.PW-1/B. Thereafter, rukka was prepared vide Ex.PW-1/DA. On the basis of the rukka, FIR no. 45/2010 (Ex.PW-5/A) was registered at PS Special Cell under Section 21 NDPS Act.
3. Further investigation of the case was handed over to SI Anand Swaroop. He prepared the site plan (Ex.PW-1/DA) at the instance of Inspector Satender Sangwan. He arrested Sanjeev Kumar vide arrest memo Ex.PW-1/D. His personal search was done vide memo Ex.PW-1/E and disclosure statement was recorded vide Ex.PW-1/C. The black bag from which the heroin was recovered was seized vide seizure memo Ex.PW-1/F. On 4th November 2010, three days PC remand of Sanjeev Kumar was sought.
4. On 6th November, 2010 HC Balraj and Ct. Rajesh were searching for the co-accused near Laxmi Nagar area. At 2:30 P.M., they received information from a secret informer that the co-accused namely Daniel would come at Vikas Marg near Shakkarpur Chungi at about 4:00 P.M. for supplying hero
