Crl.A.60/2011 & Crl.A.970/2011

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*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 28^th March, 2016

+

CRL.A. 60/2011 & Crl. M (B) 8288/2015

RAJVEER @ MILLAR

..... Appellant

Through

Mr.

Narender

Sharma

&

Mr.

Siddharth Pandit, Advocates

versus

STATE

..... Respondent

Through

Ms. Neelam Sharma, APP along with

Sub Inspector Sukhbir Malik, Crime

Branch.

AND

+

CRL.A. 970/2011 & Crl. M (B) 8287/2015

RAJEEV GREWAL

..... Appellant

Through

Mr. Habibur Rehman, Advocate

versus

STATE

..... Respondent

Through

Ms. Neelam Sharma, APP along with

Sub Inspector Sukhbir Malik, Crime

Branch.

%

CORAM:

HON’BLE MS. JUSTICE SUNITA GUPTA

J U D G M E N T

: SUNITA GUPTA, J.

1.

Vide this common judgment, I shall dispose of two criminal appeals

bearing Crl.A. No.60/2011 & Crl.A.No.970/2011 filed by Rajveer @ Millar

Crl.A.60/2011 & Crl.A.970/2011

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and Rajiv Grewal respectively challenging the common judgment dated

8.10.2010 and order on sentence dated 11.10.2010 passed by learned

Additional Sessions Judge, Rohini Courts in Sessions Case No. 170/2008

whereby the appellants were convicted for offence under Section 20 NDPS

Act, 1985 and sentenced to undergo rigorous imprisonment for 10 years and

fine of Rs.1 lac each and in default of payment of fine to undergo rigorous

imprisonment for six months.

2.

The prosecution case in nutshell, is that on 28.02.2008 at about 2PM,

a secret information was received by SI Satish Rana that two persons

namely appellants Rajiv and Rajveer, both residents of Bamla Village,

District Bhiwani, Haryana, who indulge in supply of charas alongwith their

associates Sethi and Ramesh, in Delhi and Haryana would come near

Ghevara Mor at the corner of the Indane Gas plant between 4:30 PM to 5PM

to supply huge quantity of charas to someone. The secret informer was

produced before the SHO Insp. M.C.Katoch and on the directions of the

SHO, SI Satish Rana formed a raiding party consisting of himself, Constable

Sanjeev, Head Constable Om Prakash, Head Constable Jagdish Prasad and

Constable Praveen. Raid was conducted. Raiding party reached the spot at

about 4:15 PM and at about 4:35 PM, both the appellants were seen coming

towards the Gehwara Mor and were carrying plastic kattas on their right

shoulders. Raid was conducted and both the appellants were apprehended.

Mandatory provisions of NDPS Act were complied with. From possession

of Accused Rajiv, 23 kg of charas was recovered and from possession of

Accused Rajveer, 22 kg of charas was recovered. The required samples were

taken and accused persons were thereafter arrested. The samples sealed were

sent to FSL on 7.03.2008 and as per report Ex.PX, the same were found to

Crl.A.60/2011 & Crl.A.970/2011

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be charas. After completion of the investigation, charge sheet was filed

against the accused persons.

3.

Both the accused were charged for the offence punishable u/s 29

NDPS Act, Section 20 NDPS Act and in the alternative u/s 22 NDPS Act to

which they pleaded not guilty and claimed trial.

4.

In order to substantiate its case, prosecution examined as many as 10

witnesses. Statement of both the accused persons were recorded u/s 313

Cr.P.C., wherein they denied the entire evidence and pleaded innocence.

They further stated that they were lifted from their respective houses and

were falsely implicated in this case and claimed that nothing was recovered

from them. However, they did not lead any evidence in their defence.

5.

The learned Special Judge on appreciation of evidence on record

convicted and sentenced the appellants, as mentioned above. Appellants

were acquitted of the charge u/s 29 NDPS Act as no evidence was brought

on record to prove factum of conspiracy.

6.

Counsel for the appellants submitted that instead of addressing oral

arguments, they will submit written submissions. Vide order dated 25^th

February, 2016, they were dire