CRL.A. No. 64 of 2008

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: February 24, 2014

Decision on: March 5, 2014

CRL.A. No. 64 of 2008

RAVINDER KUMAR

..... Appellant

Through: Mr. Abhishek Singh with Mr. Atul T.N.,

Advocates.

versus

NCT OF DELHI (STATE)

..... Respondent

Through: Ms. Isha Khanna, APP for State with

ASI Ramesh Chand, Narcotics Cell, Crime.

CORAM: JUSTICE S. MURALIDHAR

JUDGMENT

05.03.2014

1. Ravinder Kumar, in this appeal challenges the impugned judgment

dated 27^thAugust 2007 passed by the Special Judge, NDPS in SC No.

23/N/04 convicting him under Section 18 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (‘NDPS Act’) and the order on

sentence dated 30^thAugust 2007 whereby the Appellant was sentenced

to rigorous imprisonment (‘RI’) for ten years with fine of Rs.1 lakh and

in default to undergo further simple imprisonment (‘SI’) for six months.

2. At the outset it must be noticed that in the order on sentence dated

30^thAugust 2007 itself, the trial Court noticed that the Appellant had

been in custody since the date of his arrest i.e. 25^thFebruary 2004. He

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CRL.A. No. 64 of 2008

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continued to remain in custody till 23^rdJuly 2010 when he was granted

bail by the Supreme Court of India by an order of that date. This leads

to an unexpired portion of sentence of 03 years, 07 months and 02 days.

3. The case of the prosecution was that on 25^thFebruary 2004, Sub

Inspector (‘SI’) Attar Singh, PS: Narcotics Branch had received an

information around 9.45 am that the Appellant who is a resident of 3^rd

Pushta, Trans Yamuna area and who deals in supply of opium would

come via Iron Bridge to Sanjay Amar Colony between 11.30 am and

12.30 pm in order to supply a huge quantity of opium. This information

was placed before Inspector PS Hooda, SHO PS: Narcotics Branch. In

turn, Inspector Hooda informed ACP Mehar Singh on telephone, who

then ordered for the raid to be conducted. DD No. 16 was lodged and a

raiding team was formed consisting of Constables Naresh Kumar,

Ravinder Kumar, Virender Kumar and Rajbir. The raiding party started

from the PS at 10:30 am along with an informer in a government

vehicle driven by Constable Satbir Singh and reached the Iron Bridge at

around 11 am. According to SI Attar Singh, he asked four passers-by

and four jhuggi dwellers to join the raid but they refused. The SI then

detailed the members of the raiding party and carried out a Nakabandi.

At around 11:45 am, the Appellant was seen coming from the Iron

Bridge towards Trans Yamuna holding a thaila in his right hand and,

upon being identified by the informer, was apprehended by the raiding

party. After being served a notice under Section 50 NDPS Act and after

declining to get himself searched before the Gazetted Officer/

Magistrate, a search of the Appellant was conducted by SI Attar Singh.

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The blue coloured rexine thaila was found to contain a pink coloured

polythene bag which in turn contained a transparent polythene bag

containing a black coloured sticky substance which was tested on the

field testing kit which gave a positive result for opium. The total weight

was found to be 5 kg. Two samples of 25 gms each were taken out in

two separate envelopes. They were separately sealed with the help of

rubber bands and were put in two separate envelopes and were given

Marks-A and B. The remaining opium was converted into a cloth parcel

and was given Mark-C. Form FSL was then filled up.

4. According to the prosecution, the envelopes marked A and B were

sealed with the seal of 1A PS NB DELHI (three seals each). Parcel

marked-C and FSL Form were also sealed with the same seal (one seal

each). The seal after use was handed over to Constable Rajbir Singh.

The recovered Opium and Form FSL were taken into police possession.

A rukka along with the parcels Mark-A to C, FSL Form and a copy of

the recovery memo were taken to the police station in