Delhi District Court
State vs Lianthuama Chhakchhuak Etc on 26 November, 2013
IN THE COURT OF SH.SURESH CHAND RAJAN
ADDITIONAL SESSIONS JUDGE/SPECIAL JUDGE(NDPS)
DWARKA COURTS, NEW DELHI
FIR no.50/13
U/s 9A/25A NDPS Act
PS Crime Branch
SC No. 09/02/13
State
Vs.
1. Lianthuama Chhakchhuak s/o Sh. Thang Kuma
2. Sawithanga s/o Sh. Ngurrukhuma
.......... Accused
Challan filed on : 17.05.2013
Date of decision: 26.11.2013
JUDGMENT
The facts in brief of prosecution case are that the present case was registered on the statement of Insp.Ashish Ranjan who has stated in his statement that he was on duty at Airport from 8 a.m to 8 p.m and at about 6 p.m he received information that two persons Lianthuma and Sawithanga whose baggage is in make up area and have spice jet flight at about 4.40 p.m to Guwahati but they were stopped at the airport as they did not pay the extra baggage charges. Both the accused were produced by Spicejet staff to Insp.Ashish and on checking,all the four bags were State Vs.Lianthuama Chhakchhuak etc FIR No.50/13 Page No. 1 of 9 found containing drugs/tablets duly wrapped in brown tape. On checking with drug detection kit, it gave positive result for Pseudoephedrine. Insp.Ashish passed on the information to Nacrotic Cell from where SI Rajni Kant reached at IGI Airport and took further investigation. It is alleged that notice u/s 50 NDPS Act was given to both the accused. On checking bags related to Lianthuama 88 packets were found duly wrapped with brown tape. Each packet, on weighing was found to be 3.6 kgs out of which 100 gms substance was taken out and two samples of 50 gms each was prepared. Remaining substance i.e. 28.7 kgs were kept in one bag and sealed with the seal of RKS. Similarly in another bag related to accused Lianthuama total 28.8 kgs pseudo ephedrine was found out of which also the samples were taken. It is further the case of the prosecution that 88 packets wrapped with brown tape were also recovered from another accused Sawithanga which were weighing 3.6 kgs and total weight of substance found in one bag was 28.8 kgs. Samples were taken from the said recovery. Another bag was also found containing 28.8 kgs substance out of which samples were also taken. The samples as well as remaining substance was sealed with the seal of RKS. FSL form was filled and case property was sent to FSL. The accused persons were arrested and after completion of investigation, charge sheet was filed.
State Vs.Lianthuama Chhakchhuak etc FIR No.50/13 Page No. 2 of 9
2. After supplying the copies of the challan and accompanying documents to the accused, arguments on charge were heard and upon finding prima facie case against the accused persons, the charge against was framed on 01.10.2013 u/s 9A/25A r/w sec.29 of NDPS Act to which the accused pleaded not guilty and claimed trial.
3. On 26.11.2013, Sh. Dharmender Bhan Adv.has moved an application on behalf of accused persons for pleading guilt in this case. Copy of the application was supplied to the State and time was given to the accused to rethink about their pleading guilt. The case was again taken up after about an hour and both the accused were produced and on asking about their decision, they have stated that they want to plead guilt in this case voluntarily without any pressure or coercion. I recorded the statements of both the accused which are as under: Statement of accused Lianthuama Chhakchhuak s/o Sh Thangkhuma aged about 48 years r/o 39 Tiabung I, Town/Village Tiabung, PO Tlabung, District Lunglei, Mizoram, presently lodged in Jail no.3 Central Jail, Tihar, New Delhi Without Oath I am one of the accused in the present case. I have moved the joint application alongwith my coaccused Sawithanga for pleading my guilt in the present matter. I have been languishing in jail since 21.03.2013, so, leniency may kindly be taken in favour of me. I have State Vs.Lianthuama Chhakchhuak etc FIR No.50/13 Page No. 3 of 9 made my statement before this Hon'ble Court voluntarily without any pressure or coercion from any side, independently. My application for pleading guilt Ex.P1 bears my signatures at point A and of my coaccused at point B and my counsel at point C on both the pages of the application as both have singed on this application in my presence.
RO&AC sd/
(S.C.Rajan)
ASJ/Special Judge(NDPS)
Dwarka/New Delhi
26.11.2013
Statement of accused Sawithanga s/o Sh Ngurrukhuma aged about 53 years r/o 390, Rashiveng I, Town/village/P.O. Lunglei, District Lunglei 796701 Mizoram presently lodged in Central Jail no.1, Central Jail Tihar, Without Oath I am one of the accused in the present case. I have moved the joint application alongwith my coaccused Sawithanga for pleading my guilt in the present matter. I have been languishing in jail since 21.03.2013, so, leniency may kindly be taken in favour of me. I have made my statement before this Hon'ble Court voluntarily without any pressure or coercion from any side, independently. My application for pleading guilt Ex.P1 bears my signatures at point A and of my coaccused at point B and my counsel at point C on both the pages of the application State Vs.Lianthuama Chhakchhuak etc FIR No.50/13 Page No. 4 of 9 as both have singed on this application in my presence.
RO&AC sd/
(S.C.Rajan)
ASJ/Special Judge(NDPS)
Dwarka/New Delhi
26.11.2013
4. Considering the above statements of both the accused, the accused persons have voluntarily confessed their guilt in the present case. They have also filed an application to plead their guilt which is Ex.P1, on record and they also got recorded their above statements to this effect. Both the accused persons have pleaded their guilty before examination of witnesses in this case.
5. In view of the application filed on behalf of the accused persons for pleading their guilt as well as statement recorded on 26.11.2013, it has been admitted by the accused persons that Pseudoephedrine Hydrocholoride (controlled substance) of 57.6 kgs was recovered from each of them. As per Act, Section 37 is not applicable for controlled substance. Accordingly commercial quantity and smaller quantity have also not been defined. Therefore, I am of the considered opinion that the prosecution has succeeded in establishing its case against the accused. I, therefore hold both the accused Lianthuama Chhakchhuak and Sawithanga guilty for the commission of offence punishable u/s State Vs.Lianthuama Chhakchhuak etc FIR No.50/13 Page No. 5 of 9 9A/25A r/w sec 29 NDPS Act and convict them thereunder.
Let the arguments on the points of sentence be heard today. Announced in the open Court on 26.11.2013.
(SURESH CHAND RAJAN) ADDL.SESSIONSJUDGE/ SPECIAL JUDGE(NDPS) (South West District) Dwarka Courts/ NEW DELHI State Vs.Lianthuama Chhakchhuak etc FIR No.50/13 Page No. 6 of 9 IN THE COURT OF SH.SURESH CHAND RAJAN ADDITIONAL SESSIONS JUDGE/SPECIAL JUDGE(NDPS) DWARKA COURTS, NEW DELHI FIR no.50/13 U/s 9A/25A NDPS Act PS Crime Branch SC No. 09/02/13 State Vs.
1. Lianthuama Chhakchhuak s/o Sh. Thang Kuma
2. Sawithanga s/o Sh. Ngurrukhuma .......... Accused ORDER ON THE POINT OF SENTENCE Accused/Convict Lianthuama Chhakchhuak and Sawithanga have been held guilty for the commission of offence punishable u/s 9A/25A r/w sec 29 of NDPS Act and convicted thereunder vide judgment dated 26.11.2013.
2. I have heard the arguments on the point of sentence from the Ld. Counsel for the accused persons as well as accused himself. It has been submitted that the accused persons are the only the bread earners in their families. Accused Lianthuama Chhakchhuak is aged about 48 years State Vs.Lianthuama Chhakchhuak etc FIR No.50/13 Page No. 7 of 9 and accused Sawithanga is aged about 53 years. The are married and having burden of their old aged parents. They are not previous convicts. They belongs to poor families. Accused persons have submitted that they has voluntarily confessed their guilt and he will not repeat such act in future and they wants to reform themselves, as such, a lenient view may be taken and they may be released on the period already undergone.
3. On the other hand, Ld. APP for the State has submitted that no leniency should be shown to such persons.
4. Considering the facts of the case, arguments made on behalf of the accused/convicts as well as Ld. APP for the State, the sentencing policy followed in India is based upon reformative theory and not on retributive theory. The purpose of sentence is and should be to reform a criminal so as to convert him into a law abiding citizen. Both the accused were arrested on 19.03.2013 and therefore they are languishing in jail for last about 9 months in this case. Since both the accused persons have voluntarily confessed their guilt and has shown their willingness to reform themselves, a lenient view is taken and convict Lianthuama Chhakchhuak and Sawithanga are sentence to the period already undergone for the commission of offence punishable u/s 9A/25A r/w sec.29 NDPS Act and to pay fine of Rs.75,000/ each accused and and in default of payment of fine to further undergo SI for six months. State Vs.Lianthuama Chhakchhuak etc FIR No.50/13 Page No. 8 of 9
6. Copy of the Judgment and order on the point of sentence be given to the convicts free of cost. Case property stands confiscated to the State. Jail Warrants be prepared accordingly.
File be consigned to record room.
Announced in the Open court on 26.11.2013 (SURESH CHAND RAJAN) ADDL.SESSIONSJUDGE/ SPECIAL JUDGE(NDPS) (South West District) Dwarka Courts/ NEW DELHI State Vs.Lianthuama Chhakchhuak etc FIR No.50/13 Page No. 9 of 9