Delhi District Court
State vs . Ramjani 1 Of 12 on 23 April, 2013
IN THE COURT OF MR. UMED SINGH GREWAL
ADDL. SESSIONS JUDGE/SPECIAL JUDGE (NDPS)
NORTH DISTRICT:ROHINI COURTS:DELHI
SC No.48/2012
FIR No.200/2012
PS Narela
U/s 21/61/85 NDPS Act
State
Vs.
Ramjani,
S/o Badrul,
R/o H.No.D275, J.J. Colony,
Bawana,
Delhi.
Date of institution:14.06.2012
Date when arguments concluded:22.04.2013
Date when Judgment pronounced:23.04.2013
Appearances: Ms. Purnima Gupta, APP for the State.
Ms. Urmila Yadav, Legal Aid Counsel for accused.
JUDGMENT
1. The accused has been forwarded by police to face trial State vs. Ramjani 1 of 12 u/s 21 of NDPC Act for being in possession of 15 gms. smack illegally.
2. Facts of the case are that SI Kamal Singh received a secret information on 21.04.2012 that a person shall come near Shani temple, J.J. Colony, Bawana near dry canal between 7.00 - 8.00 P.M. and if raided, he can be caught red handed with smack. A raiding team of SI himself, HC Chaman Prakash, Ct. Vijay Prakash and Ct. Narain Singh was formed. Before it, the secret information was told to the SHO who instructed the SI to proceed further. The police team reached the spot in a private car and asked 67 passersby to join the upcoming raid but all refused. A person was seen coming towards Shani temple near dry canal at 7.15 P.M. and he was signaled by the informer as the same person who had smack. He was apprehended and he disclosed his identity as accused Ramjani. Notice u/s 50, NDPS Act was served and explained to him but he reposed full faith in police, and hence, he was searched by HC Chaman Prakash who found a transparent polythene in his right pant pocket. It was containing 15 gms. smack. Two samples of 2 gms. each were separated and serial Nos.1 & 2 were given. Remnant smack i.e. 11 gms. smack was put State vs. Ramjani 2 of 12 in same polythene and serial No.3 was given. FSL form was also filled up. All these articles were sealed with the seal of KSM and were taken into possession. Rukka was sent to PS through Ct. Vijay Prakash and further investigation was assigned to SI Manoj Sharma. Both samples were sent to FSL which opined that samples were of smack as they were containing Diacetylmorphone, Alprazolam and Paracetamol.
3. Charge u/s 21(b) of NDPS Act was framed against accused on 13.07.2012 to which he claimed trial.
4. In order to substantiate the charge, the prosecution agency examined eight witnesses. Accused did not examine a single witness in defence.
5. PW1 ASI Ishwar Singh registered FIR Ex.PW1/A on 21.04.2012 at 9.00 P.M. on receipt of rukka brought by Ct. Vijay Prakash sent by SI Kamal Singh. PW4 ACP Harpal Singh deposed that on 22.04.2013, SI Manoj Kumar sent him report Ex.PW4/A u/s 57 of NDPS Act which was received in his office vide diary No.3432 Ex.PW4/B on 22.04.2012. PW5 Insp. Manoj Sharma deposed that SI Kamal Singh came to PS on 21.04.2012 at 10.40 P.M. and produced three sealed pullandas bearing serial No.1, 2 & State vs. Ramjani 3 of 12 3 sealed with the seal of KSM along with FSL form with same seals and carbon copy of seizure memo. He put FIR number on the carbon copy, FSL form and pullandas and signed them. He deposited the case property with the MHCM and recorded DD No.35A Ex.PW5/A. He further deposed that SI Manoj Kumar delivered him report Ex.PW4/A u/s 57 of NDPS Act on 21.04.2012 which he forwarded to the ACP same day. PW6 HC Rajesh was MHCM in PS Narela Industrial Area on 21.04.2012. He deposed that on that day, Insp. Manoj deposited three pullandas and FSL form, all sealed with the seal of KSM and MS. He deposited a copy of seizure memo also and PW6 made entry at serial No.213 Ex.PW6/A in register No.19. He further deposed that SI Manoj Kumar deposited the personal search articles of the accused with him on the same day. These articles included the original notice u/s 50 of NDPS Act and a Rs.10/ currency note. The samples were sent to the FSL on 01.05.2012 through Ct. Vijay Prakash vide RC No.68/21/12 Ex.PW2/G and PW5 made endorsement at point X on Ex.PW6/A. After deposit, Ct. Vijay Prakash handed him over receipt acknowledgment Ex.PW6/B. Result was received in the PS on 21.06.2012 and MHCM made endorsement at point Y in register State vs. Ramjani 4 of 12 No.19. He did not tamper with the case property till it remained in his possession. PW8 SI Manoj is the second IO. He deposed that on 21.04.2012 at 9.00 P.M., Ct. Vijay Prakash handed him over original rukka Ex.PW8/A and copy of FIR as further investigation was assigned to him. He along with Ct. Vijay Prakash reached the spot where he found SI Kamal Singh, HC Chaman Prakash, Ct. Narain Singh and accused. Custody of relevant documents and accused was handed over to him. He prepared rough site plan Ex.PW7/B at the instance of first IO and recorded his statement, and thereafter, first IO left the spot with case property pullandas. He arrested the accused vide arrest and personal search memos Ex.PW2/D and Ex.PW2/E respectively. From the personal search of the accused, original notice Ex.P1 and a currency note of Rs.10/ were recovered and he deposited it with the MHCM. After reaching the PS, he recorded the statement of Insp. Manoj Sharma and MHCM. Lastly, he deposed that on 22.04.2012, he sent report Ex.PW4/A u/s 57 of NDPS Act for the seizure of contraband and arrest of the accused.
6. PW2 Ct. Vijay Prakash, PW3 HC Chaman Prakash and PW7 SI Kamal Singh are all recovery witnesses. The deposed as State vs. Ramjani 5 of 12 per rukka Ex.PW8/A. They deposed unanimously that a secret information was received by PW7 on 21.04.2012 at 5.15 P.M. in PS that a person can be caught red handed with smack between 7.00 and 8.00 P.M. near dry canal, and hence, a raiding team comprising of those officials was formed which reached the spot in a private vehicle and asked 67 persons to join the forthcoming raid but all refused expressing their reasonable inabilities. They deposed that all concerned police officials were positioned in the nearby areas. The accused was spotted at 7.15 P.M. coming towards Shani temple and after seeing him, the informer signaled towards him as the same person who was with smack. He was apprehended. They further deposed that he was told about secret information of his having smack and for that purpose, he was to be searched and if he preferred, he could be searched in the presence of G.O. or Magistrate and for that, an original notice Ex.P1 u/s 50 of NDPS Act was given to him but he declined to be searched in the presence of those officers saying that he did not want to create further evidence against him. Thereafter, he was told that he was to be searched by HC Chaman Prakash and before his search, he can search HC Chaman Prakash but he refused. After refusal, HC State vs. Ramjani 6 of 12 Chaman Prakash took out a transparent polythene from the right pant pocket of the accused and handed it over to PW7 who found it containing 15 gms. smack. Two samples serial Nos.1 & 2 of 2 gms. each were separated and were sealed with the seal of KSM. Remnant smack was put in the same polythene and serial No.3 was given. Serial No.3 and FSL form were sealed with the seal of KSM. Seal after use was handed over to PW3 and rukka was sent to the PS through PW2.
7. Under Section 313 Cr.PC, the accused confessed the crime stating that 15 gms. smack was recovered from his possession from which two samples were taken.
8. Only contention of the Legal Aid Counsel is that there is possibility of tampering with the sample because the prosecution case is that SHO PW5 Manoj Sharma affixed his seal of MS on samples but there is no mention of such seals in register No.19 Ex.PW6/A. This argument has been countered by DD No.35A Ex.PW5/A registered by PW5 after deposit of samples and case property with the MHCM. It is clearly mentioned in that DD that he affixed his seal of MS. Bare perusal of Ex.PW6/A shows that it is the repetition of seizure memo. It seems that the MHCM copied State vs. Ramjani 7 of 12 seizure memo in toto in Ex.PW6/A and that is why, there is no mention of seal of MS. FSL report Ex.PX also mentions the fact that parcel No.1 & 2 were found sealed with the seal of KSM and MS when those were deposited with it.
9. Police has complied with even Section 42 of NDPS Act by registering the secret information in the form of DD No.30A Ex.PW7/A. It complied with the provisions of Section 50 by giving notice Ex.P1 to the accused. Compliance of Section 57 of NDPS Act has been proved by PW4 ACP Harpal Singh. Compliance of Section 55 of NDPS Act has been proved by DD No.35A Ex.PW5/A. PW2, PW3 and PW7 are corroborating each other. They are further corroborated by the documents prepared at the spot. The biggest corroboration is coming from the answers of the accused u/s 313 Cr.PC in response to question Nos.7, 8, 9, 10 & 14. In answer No.7, he stated that he was apprehended near dry canal by SI Kamal Singh and HC Chaman Prakash. In answer No.8, he stated that he was given piece of paper by the police officials which they were calling it a notice. He refused to be searched in the presence of G.O. or Magistrate and preferred to be searched by HC Chaman Prakash and in this regard, his refusal reply was written State vs. Ramjani 8 of 12 by police. In answer No.9, he stated that he was searched by HC Chaman Prakash and 15 gms. smack was recovered which he had kept in a transparent polythene. Two samples were also taken but he is not aware of their quantities. Regarding sending of rukka, he stated in answer No.10 that information was sent to the police station but he was not aware if it was in the form of rukka or anything else. He admitted his arrest vide arrest and personal search memos Ex.PW2/D and Ex.PW2E respectively.
10. In view of above discussion, the accused Ramjani is held guilty for the offence u/s 21(b) NDPS Act and he is convicted accordingly.
Announced in the Open Court on 23rd day of April, 2013.
(UMED SINGH GREWAL) ASJ/Special Judge (NDPS) Outer Distt: Rohini Courts: DelhI State vs. Ramjani 9 of 12 IN THE COURT OF MR. UMED SINGH GREWAL ADDL. SESSIONS JUDGE/SPECIAL JUDGE (NDPS) NORTH DISTRICT:ROHINI COURTS:DELHI SC No.48/2012 FIR No.200/2012 PS Narela U/s 21/61/85 NDPS Act State Vs. Ramjani, S/o Badrul, R/o H.No.D275, J.J. Colony, Bawana, Delhi.
Date of institution:14.06.2012 Date when arguments concluded:22.04.2013 Date when Judgment pronounced:23.04.2013 23.04.2013 ORDER ON SENTENCE Present: Ms. Purnima Gupta, APP for the State.
Ms. Urmila Yadav, Legal Aid Counsel for convict.
State vs. Ramjani 10 of 12 Convict produced from JC.
Argument on point of sentence heard.
1. The convict has already been held guilty u/s 21(b) of NDPS Act for being in possession of 15 gms. smack.
2. Ld. Legal Aid Counsel argued that convict has clean antecedents. No other case was ever registered against him. His wife Neelu, 30 years, is a factory labour at a monthly salary of Rs.3,500/. She is unable to meet the expenses of four school going children. Daughter Sahiba, 15 years, is studying in 8th class, second daughter Chandani of 9 years is studying in 5th class, third daughter Asma of 7 seven years is studying in fourth class. Youngest one is son Rafeeq. He is of four years and is studying in second class. Lastly, she submitted that children of the convict are on the brink of starvation.
3. The accused is in JC since 21.04.2012. Taking into account all these facts, the convict is hereby sentenced to imprisonment already undergone i.e. for one year and two day and a fine of Rs.200/.
4. Fine paid.
5. Benefit of 428 Cr.PC be given to him.
State vs. Ramjani 11 of 12
6. A copy of judgment and order on sentence be given to convict dasti.
7. File be consigned to Record Room.
Announced in the Open Court on 23rd day of April, 2013.
(UMED SINGH GREWAL)
ASJ/Special Judge (NDPS)
North Distt: Rohini Courts: Delhi
State vs. Ramjani 12 of 12