Delhi District Court
State vs . Mohd. Qamil on 18 December, 2012
In the Court of Sh. Arvind Bansal : MM (Central) - 04
Tis Hazari Courts, Delhi
FIR No. 158/12
U/s 27/61/85 NDPS Act
PS Hauz Qazi
State vs. Mohd. Qamil
JUDGMENT:
A Sl. No. of the case 02401 R 0594062012 B Date of institution 06/12/2012 C Date of commission of 25/10/2012 offence D Name of the complainant HC Ramesh Chand through State
E Name of the accused & Mohd. Qamil s/o Mohd. Zaki r/o H. No. his parentage and 2761, Mohalla Nihariyan, G B Road, address Kamla Market, Delhi - 06 F Offence complained of U/s 27/61/85 NDPS Act G Plea of the accused Pleaded not guilty H Order Reserved on Not Reserved I Final order Convicted J Date of such order 18/12/2012 Brief reasons for the decision of the case.
1. Accused Mohd. Qamil is facing trial having been charged for the offence u/s 27/61/85 NDPS Act. The facts in brief leading to the initiation of criminal proceedings against the accused may be summed up as under: On 25/10/2012 at about 4 am at Ajmeri Gate, Fasil Road, Near Peshab Ghar, Hauz Qazi, Delhi accused was found consuming smack (Diacetylmorphine) with the help of panni and pipe. After completion of the necessary formalities u/s 27/61/85 NDPS Act, FIR was registered against the accused. He was formally arrested and his personal search memo and FIR No. 158/12, PS Hauz Qazi State vs. Mohd. Qamil Page No. 1 of 4 arrest memo were prepared.
2. Challan u/s 173 Cr.P.C. was filed by the IO on 06/12/2012 u/s 27/61/85 NDPS Act. Court took cognizance of the offence and proceeded against the accused. Upon hearing the arguments, charge u/s 27 of NDPS Act was framed against the accused on 06/12/2012, to which accused pleaded not guilty and claimed trial.
3. In support of its case, prosecution has examined two witnesses.
PW1 HC Babu Ram testified that on 25.10.2012 while he was posted at PS Hauz Qazi, Duty Officer handed over copy of FIR Ex. PW1/C and original tehrir, and he alongwith Ct. Satbir went to the spot i.e. Ajmeri Gate Fasil Road where HC Ramesh met him, who handed over the accused and other relevant documents. He prepared site plan Ex. PW1/A at his instance and after recording his statement, set him free. Thereafter, he arrested the accused and conducted his personal search vide memo Ex. PW1/B and Ex. PW1/C. After medical examination, accused was put up behind bars. He sent the report u/s 57 NDPS Act to the higher officials which is Ex. PW1/D. During investigation, he sent the sealed pulanda through Ct. Naresh vide R C No. 73/21 and after obtaining the result Ex. P1, same was placed on file. After completion of necessary investigation, he prepared the challan and submitted it in the court through SHO.
During his cross examination, he admitted that the place of occurrence was a busy place and he requested the public persons and shopkeepers to join the investigation but all of them refused to join the investigation and went away. He denied the suggestion that the case against the accused was false or that he had falsely implicated the accused by planting Ex. P1 upon him at the instance of higher officials of police or that all writing work was conducted at PS and not at the spot or FIR No. 158/12, PS Hauz Qazi State vs. Mohd. Qamil Page No. 2 of 4 that he was deposing falsely in Court.
PW2 HC Ramesh testified that Ion 25.10.2012 while he was posted as Head constable at PS HQ and was on patrolling duty with Ct. Satbir at Fasil Road, Ajmeri Gate. At about 4 am, they noticed that accused was consuming smack with the help of panni pipe. He requested 4/5 passersby to join the proceedings but none of them agreed and went away without disclosing their names and addresses. They apprehended him and he revealed his name as Mohd. Qamil. He informed him about his right that if he wishes his personal search could be conducted in the presence of Gazetted Officer or Magistrate and also gave a notice u/s 50 of NDPS Act to him but accused refused to avail the said right. Copy of notice u/s 50 of NDPS is Ex. PW2/A and reply of accused at point A to A1. Thereafter, case property was taken into possession. After preparing the pulanda and sealed it with the seal of RC vide seizure memo Ex. PW2/B. He also filled up the FSL form. Seal after use handed over to Ct. Satbir. Thereafter, he prepared tehrir Ex. PW2/C and gave it to Ct. Satbir alongwith pulanda and seizure memo to get FIR registered. After getting FIR registered he returned at the spot along with HC Babu Ram, who conducted further investigation. He handed over the accused and prepared documents to HC Babu Ram, who prepared site plan at his instance and after recording his statement, set him free. He correctly identified the case property as Ex.P-1 (collectively).
During his cross examination, he admitted that spot was busy place and no written notice was given to public person who refused to join the investigation. He did not know the colour of clothes worn by accused on that day. Accused was sitting alone. He denied the suggestion that the case against the accused was false or that he and constable had falsely FIR No. 158/12, PS Hauz Qazi State vs. Mohd. Qamil Page No. 3 of 4 implicated the accused by planting Ex. P1 (collectively) upon him or that accused was not apprehended from the spot or that he was lifted from house or that all writing work was conducted at PS and not at the spot.
4. In his statement recorded u/s 313 CrPC, accused admitted all the incriminating evidence against him and and pleaded guilty for the offence in question.
5. Ld. APP for the State and accused heard. The entire judicial record carefully perused.
Today, i.e. 18/12/2012, during statement recorded u/s 313 CrPC, the accused pleaded guilty for the offence u/s 27 NDPS Act.
6. The accused has been apprised of the consequences of pleading guilty. He has insisted to accept his plea of guilt stating that he has realized his mistake. Court is satisfied that the accused has admitted the entire incriminating evidence against him voluntarily and without any force or compulsion. The plea of guilt of the accused is accepted. In view of the plea of guilt of the accused for the offence punishable u/s 27/61/85 NDPS Act, accused is held guilty and is convicted for the said offence.
Announced in the open court on 18.12.2012 (ARVIND BANSAL) Metropolitan Magistrate (Central) -04 Tis Hazari Courts, Delhi FIR No. 158/12, PS Hauz Qazi State vs. Mohd. Qamil Page No. 4 of 4 FIR No. 158/12 U/s 27/61/85 NDPS Act PS Hauz Qazi State vs. Mohd. Qamil Order on Sentence 18.12.2012 Present: Ld. APP for State.
Convict produced from JC.
Sh. Rajesh Kumar, LAC for the accused Convict states that he is the sole bread earner of the family and undertakes not to commit the said offence again. He prays for taking a lenient view.
On the contrary, Ld. APP of this Court has submitted that no leniency be shown to the convict and he be sentenced to maximum punishment prescribed under law.
Taking note of the aforesaid, the Court is of the considered opinion that the interest of justice would be met if the convict is sentenced to imprisonment already undergone for the offence u/s 27 of NDPS Act. The convict is in JC since 25.10.2012. The convict is accordingly sentenced to imprisonment already undergone for offence u/s 27 of NDPS Act. Convict be released from JC if not required for detention in any other case.
Copy of the judgment and order on sentence be given free of cost to the convict.
File be consigned to record room.
Announced in the open court on 18/12/2012 (ARVIND BANSAL) Metropolitan Magistrate (Central) -04 Tis Hazari Courts, Delhi FIR No. 158/12, PS Hauz Qazi State vs. Mohd. Qamil Page No. 5 of 4