Delhi District Court
State vs . Intkhab Alam Page 1 Of 7 on 18 January, 2014
IN THE COURT OF MR. UMED SINGH GREWAL,
ASJ/SPECIAL JUDGE (NDPS)
NORTH DISTRICT: ROHINI COURTS:DELHI
SC No.139/2014
FIR No.865/2013
U/s 21/61/85 NDPS Act
PS Narela
State
Versus
Intkhab Alam,
S/o Mohd. Gani,
R/o H.No.E1959,
J.J. Colony, Bawana,
Delhi.
DATE OF INSTITUTION : 04.01.2014
RESERVED FOR JUDGMENT : 10.01.2014
DATE OF JUDGMENT : 10.01.2014
Appearances: Mr. Ashok Kumar, APP for the State.
Ms. Sunita Tiwari, Amicus Curiae for accused.
JUDGEMENT
1. Accused has been forwarded by the police to face trial u/s 21(b) of NDPS Act for being in possession of 11 gms. smack illegally.
2. Facts of the case are that SI P.L. Meena received tip off in PS on 20.11.2013 at 5.45 P.M. that a person was selling smack near transformer, 500 wali street, Eblock, J.J. Colony, Bawana and if that State Vs. Intkhab Alam page 1 of 7 place is raided immediately, the accused can be caught red handed with the smack. SI told the information to the SHO and produced the informer before him. After satisfaction, SHO flashed the information to the ACP through phone and asked SI P.L. Meena to form a raiding party. SI formed a raiding party of himself, Ct. Chaman Prakash, Ct. Karamvir and Ct. Vijayvir which left the PS for the stated spot at 6.06 P.M. vide DD No.34A in private vehicle. IO asked 56 passersby at the spot to join the forthcoming raid but all refused expressing their reasonable inabilities and left the spot without disclosing their names and addresses. SI P.L. Meena, without wasting further time, asked the raiding team members to take their positions. SI along with informer and HC Chaman Prakash positioned himself in the corner of 500 wali street and Ct. Karamvir, Ct. Vijayvir took position in opposite side. The informer pointed out towards a person at 7.15 P.M. standing in front of transformer near a kiosk and that person was wearing blue jacket and jeans. He was apprehended with the help of HC Chaman Prakash and on inquiry, he told his name as accused Intkhab Alam. SI introduced himself and remaining team members with the accused and also told him about the secret information. Notice u/s 50 of NDPS Act was served and interpreted to him to the effect that if he wanted to be searched in the presence of G.O. or Magistrate, that arrangement can be made. In reply, the accused said that he had studied upto 8th class and that he did not want to be searched in the presence of G.O. or Magistrate.
State Vs. Intkhab Alam page 2 of 7 Thereafter, he was told by SI P.L. Meena that he was to be searched by HC Chaman Prakash and if he wanted, he can take the search of HC Chaman Prakash before his search but accused refused to search HC Chaman Prakash. Thereafter, accused was searched by HC Chaman Prakash and he recovered a transparent polythene from his right pant pocket. The polythene was containing 112 paper puriyas and each puriya was found containing brown colour powder like smack. Contents of all puriyas were put on white paper and on checking, it was found 11 gms. smack. Two samples of 2 gms. each were separated, were put in two different white papers and were further put in two plastic dibbies and serial Nos.1 & 2 were given to them. Dibbies were wrapped with doctor tape. In the same way, remnant smack of 7 gms. was wrapped in another dibbi and serial No.3 was given. Empty 112 paper puriyas were put in fourth plastic dibbi and serial No.4 was given. FSL form was filled up at the spot. All dibbies and FSL form were sealed with the seal of SSY and seal after use was handed over HC Chaman Prakash and all articles were taken into possession. Rukka was prepared by SI P.L. Meena and sent to PS through Ct. Karamvir. Ct. Karamvir took the rukka to PS and got the FIR registered and further investigation was assigned to SI Kamal Singh. SI Kamal Singh reached the spot and SI P.L. Meena handed him over all relevant documents and custody of the accused. He prepared rough site plan at the instance of first IO and arrested the accused and also conducted personal search. From the personal State Vs. Intkhab Alam page 3 of 7 search of the accused, notice u/s 50 of NDPS Act, a mobile phone and Rs.400/ cash were recovered. His disclosure statement was recorded. Case property and FSL form etc. were handed over to SHO who deposited them in the malkhana. Report u/s 57 of NDPS Act regarding seizure of 11 gms. smack and arrest of accused was sent to the ACP, Alipur. On disclosure statement, the accused had named Nisha as the coaccused. SI Kamal Singh made all attempts to arrest her but in vain. Sample pullanda bearing serial No.1 was sent to the FSL vide RC No.347/21/13 on 09.12.2013.
3. As per FSL report, sample pullanda was found containing Diacetylmorphine(10.2%), Caffeine(18.5%), Paracetamol, Acetylcodeine, Monoacetylmorphine and Alprazolam.
4. Charge u/s 21(b) of NDPS Act was framed against the accused on 10.01.2014 to which he pleaded guilty and did not claim trial. His separate statement u/s 313(1)(a) of Cr.PC was recorded in which he confessed that 11 gms. smack was recovered from him by the police on 20.11.2013 at 7.15 P.M. while he was present in 500 wali street, J.J. Colony, Bawana. He further stated that he was to consume that smack as he was addicted to drugs. He was never indulged in the trade of Narcotics. Lastly, he confessed that he used to purchase smack only for consumption. SI Rajender Singh has been examined as PW1 who deposed that he registered FIR Ex.PW1/A on 20.11.2013 at 9.30 P.M. on receipt of rukka brought by Ct. Karamvir sent by SI P.L. Meena. Thereafter, he made endorsement Ex.PW1/B State Vs. Intkhab Alam page 4 of 7 on the rukka. Ld. Amicus Curiae for accused did not cross examine this witness saying that accused had already confessed the crime.
5. Accused himself admitted that he was caught by the police on 20.11.2013 at 7.15 P.M. with 11 gms. smack. He stated that he was addicted to drugs and that is why, he was in the possession of 11 gms. smack. His confession is corroborated by FSL report Ex.PX wherein it is mentioned that sample parcel No.1 was found containing Acetylmorphine and Caffeine.
6. In view of confession corroborated by FSL report Ex.PX, the accused is held guilty u/s 21(b) of NDPS Act. He shall be heard on the point of sentence on 16.01.2014.
Announced in the open court Today i.e. on 10th day of January, 2014 (UMED SINGH GREWAL) ASJ/SPECIAL JUDGE (NDPS) NORTH:ROHINI COURTS:DELHI State Vs. Intkhab Alam page 5 of 7 IN THE COURT OF MR. UMED SINGH GREWAL, ASJ/SPECIAL JUDGE (NDPS) NORTH DISTRICT: ROHINI COURTS:DELHI SC No.139/2014 FIR No.865/2013 U/s 21/61/85 NDPS Act PS Narela State Versus Intkhab Alam, S/o Mohd. Gani, R/o H.No.E1959, J.J. Colony, Bawana, Delhi.
DATE OF INSTITUTION : 04.01.2014 RESERVED FOR JUDGMENT : 10.01.2014 DATE OF JUDGMENT : 10.01.2014 ORDER ON SENTENCE 18.01.2014 Present: Mr. Ashok Kumar, APP for the State.
Ms. Sunita Tiwari, Amicus Curiae for convict. Convict produced from JC.
1. Convict has been held guilty u/s 21(b) of NDPS Act.
2. Ld. APP for the State argued that convict had been found guilty for intermediate quantity under NDPS Act. She further submitted that he be punished with the maximum punishment provided for the offence.
3. Ld. Amicus Curiae for convict argued that convict is a man of 42 years. He has a son of two years and two daughters of nine and twelve years respectively. Both daughters are school going. His wife is an unemployed lady of 35 years. His father has already expired and his mother of 65 years is suffering State Vs. Intkhab Alam page 6 of 7 from various ailments. He has to maintain all these persons because his two married brothers are living separately from him. The Amicus Curiae further submitted that convict, before be confined in the jail, was engaged in the wood work. She submitted that if the convict is sent to jail for a longer period, his family shall be on the verge of starvation.
4. Taking into account facts and circumstances, the convict Intikhab Alam is sentenced to undergo RI for four months and a fine of Rs.1,000/ (Rupees One Thousand only), in default of payment of fine he shall further undergo SI for fifteen days for the offence punishable u/s 21(b) of NDPS Act.
5. Benefit of section 428 Cr. PC be given to the convict.
6. Fine not deposited.
7. Case property stands confiscated and be destroyed as per rules after the expiry of the period of appeal or after awaiting the outcome of appeal, as the case may be.
8. Let a copy of Judgment and Order on Sentence be given to convict.
9. File be consigned to Record Room.
Announced in the Open Court on 18th day of January, 2014 (UMED SINGH GREWAL) ASJ/Special Judge (NDPS) North Distt: Rohini Courts: Delhi State Vs. Intkhab Alam page 7 of 7