Delhi District Court
State vs . Maya on 29 June, 2015
IN THE COURT OF SH. AJAY KUMAR MALIK: METROPOLITAN MAGISTRATE-(CENTRAL)-04 TIS HAZARI COURTS, DELHI STATE VS. MAYA FIR NO. 68/03 U/S: 21/61/85 NDPS Act P.S. : Narcotics Branch Unique Case ID No. :02401R0902022003 Date of institution of case :22.09.2003 Date on which case reserved for :27.06.2015 judgment Date of judgment :29.06.2015 JUDGMENT U/S 21/61/85 NDPS Act a)Date of offence :13.08.2003. b)Offence complained of :U/s 20/61/85 NDPS Act. c)Name of accused, his parentage :Maya & residence W/o Late Jagdish R/o B/54, J.J. Colony Wazirpur, Delhi. d)Plea of accused :Pleaded not guilty e)Final Order :Convicted JUDGMENT
FIR NO.68/03 State Vs. Maya Page No. 1 of 23 BRIEF FACTS AND REASONS FOR DECISION :
Case of the prosecution in brief is as follows:
1. On 13.08.2003 at about 09:00 AM SI Attar Singh received the secret information regarding sale of heroin at D Block, J.J. Colony, Wazir Pur, Delhi by accused Maya. The information was conveyed to SHO concerned. After verification of information from the secret informer, the same information was conveyed by SHO concerned to ACP Narcotics, Ram Prakash. On receiving the directions for raid from the ACP, DD No. 7 was registered at 09:30 AM. The raiding party was constituted by SI Attar Singh which comprised of SI Attar Singh, HC Virender, Ct. Mohan and WHC Kanta. SI Attar Singh along with secret informer in the Government Vehicle DL1V 3570 driven by driver Ct. Naresh Kumar. The raiding party reached to the spot of offence at 10:15 AM i.e. House No. B-54, J.J. Colony, Wazirpur via Paharganj, Karol Bagh, Anand Parwat, Gulabi Bagh, Bharat Nagar and parked the vehicle just 50 mtr. Before police chowki Wazir Pur. SI Attar Singh asked the 8 passersby and four residents of locality to join the raiding party but they refused to join the same due to their own personal constraints. The residents of locality stated that the accused is of Sansi Caste and it is difficult to entangle with them. The raiding party was briefed and all of them FIR NO.68/03 State Vs. Maya Page No. 2 of 23 reached to the spot of offnece by foot where secret informer pointed at the accused wearing suit and salwar sitting at cot and she was apprehended with the help of WHC Kanta. After apprehension of accused, the secret informer left the spot. Ct. Naresh Kumar was sent to bring back the Government vehicle. SI Attar Singh apprised the accused about himself and his staff and also with the secret information with them. SI Attar Singh issued a notice U/s 50 NDPS Act to the accused, same was also read over to the accused. Accused was also apprised that she can get herself personally searched in presence of some gazetted officer but the accused refused for such personal search before some gazetted officer. Accused also not exercised her option to search any police person or W/HC Kanta. Accused was illiterate, therefore, SI Attar Singh got recorded the refusal of the accused in the handwriting of Ct. Naresh Kumar on the original copy of Notice U/s 50 NDPS Act and accused put her right thumb impression on the refusal regarding the notice. SI Attar Singh again asked 8 bystanders to join the investigation but they refused by saying that the accused is of Sansi Caste and it is very difficult for them to entangle with them. At the directions of SI Attar Singh, woman HC Kanta took the accused in the vehicle and took her cursory search on which she recovered a light coloured small polybag and produce before SI Attar Singh and also stated that FIR NO.68/03 State Vs. Maya Page No. 3 of 23 it has been recovered from right hand of the accused. On checking, SI Attar Singh found good number of small pouch in small polybag recovered from the possession of the accused. On opening the pouch some soil coloured powder was found in the pouch and on counting the small pouches were found to be 216 in number. After cutting all the pouches with the help of scissor the entire soil coloured powder was collected at one place and on testing, it was found to be heroin. On weighing by electronic weighing machine, the heroin was found to be 55 gms. in total out of which two samples of 5 - 5 gms. each heroin were taken and was kept in polythene pouch and thereafter wrapped with yellow coloured paper and their mouths were pasted with gum. The pullinda were prepared and both the pullindas were given the nomenclature of Mark A and Mark B. The remaining 45 gms. of heroin was kept back into the same small polybag and same small polybag along with empty 216 small plastic pouch were kept into yellow coloured paper bag and its mouth was pasted with the gum and pullinda was prepared as Mark C. FSL form was filled up and all the three pullindas were sealed with the seal of IBPS.NB.Delhi by SI Attar Singh. Three seals each were applied to pullindas and one seal impression was put on FSL Form. The seal after use was handed over to W/HC Kanta. All the three pullindas along with FSL form were seized by SI Attar Singh. Seizure memo of heroin was FIR NO.68/03 State Vs. Maya Page No. 4 of 23 prepared. In accordance to information from secret informer, four neighbours of Maya were called to join search of house of accused Maya but they refused with the reasons that it is the matter of their neighbour and they do not want to create strange relationship with the accused. Thereafter, SI Attar Singh searched the house No. B-54, J.J. Colony and any psychotropic substance was not recovered from the house. On checking the almirah the currency note of denomination of Rs.10/-, Rs.20/-, Rs.50/- and Rs.100/- were recovered from lowest compartment of almirah and on counting those were found to be Rs.2435/- for which accused told the IO that this money is sale proceed for today's heroin. Rs.2435/- were taking into police possession vide seizure memo. The complaint was prepared by SI Attar Singh and was sent for registration of FIR through Ct. Naresh Kumar along with all the three pullindas - A, B, C, FSL form and the carbon copy of seizure memo of heroin U/s 55 NDPS Act to SHO Narcotics. All the three pullindas, FSL Form and carbon copy of seizure memo of heroin were counter sealed by SHO Narcotics Branch with his seal of 1 SHO NBR Delhi and waited for MHC (M) and pertaining to same DD No. 15 was also written. At 02:45 PM, MHC (M) was called in the office of Inspr. Narcotics along with Register No. 19 and case property was deposited in Malkhana and DD No. 17 was made regarding same. Vide DD No. 14, the further FIR NO.68/03 State Vs. Maya Page No. 5 of 23 investigation was handed over to SI Bakhtawar Singh who left for the spot at about 01:30 PM and reached at the spot in the Government vehicle. SI Attar Singh handed over accused Maya along with related document to SI Bakhtawar Singh. SI Bakhtawar Singh prepared the site plan at the instance of SI Attar Singh, recorded statement of witnesses, arrested the accused Maya and got the personal search of accused conducted. On the directions of SHO PS Narcotics the samples along with FSL form were sent to FSL Malviya Nagar vide R.C. No. 85/21 dated 19.08.2003. After completion of investigation the charge sheet was filed in the court awaiting the result from FSL regarding the sample sent to FSL Malviya Nagar.
2. On finding prima facie enough material on record, charge U/s 21/61/85 NDPS Act was framed against the accused - Maya vide order dated 01.06.2004 regarding possession of 55 gms. of heroin containing 0.53% of diacetylmorphine to which accused pleaded not guilty and claimed trial instead.
3. Matter was then listed for PE. Prosecution has examined as many as eleven witnesses to prove its version.
4. Prosecution got examined HC Ashwani Kumar as PW1 who deposed that on 13.08.2003 he was posted as Head Constable at PS Narcotics Branch, Kamla Market as Duty Officer from 08:00 AM to 08:00 AM of next day. PW1 deposed that he received rukka from FIR NO.68/03 State Vs. Maya Page No. 6 of 23 Ct. Naresh Kumar at which he recorded the FIR No. 68/03 and handed over the copy of FIR and original rukka to Ct. Naresh Kumar. PW1 proved the DD No. 14 to fact of writing of FIR as Ex.PW1/A and copy of FIR as Ex.PW1/B. Nothing came in the cross examination of PW1 so as to give dent to the testimony of PW1.
5. Prosecution got examined W/HC Kanta Chakarworty as PW 2 who deposed that on 13.08.2003 at about 09:45 AM, SI Attar Singh has organized the raiding party consisting of Ct. Naresh, Ct. Mohan, Ct. Vijender and PW2 herself and disclosed the secret information to raiding party regarding sale of smaik in front of house of accused. The raiding party reached at B Block, Wazir Pur at about 10:15 AM in the Government vehicle driven by Ct. Naresh. PW2 further deposed that at about 10:30 AM the raiding party along with secret informer reached at B-77 and accused lady was sitting in front of B-54 on a cot wearing cherry coloured suit-salwar. SI Attar Singh asked the 8 passersby and four neighbours to join the raiding party but they refused to join the same. Secret informer pointed at the accused sitting at the cot as accused - Maya selling the heroin and leff the spot. PW2 further deposed that thereafter SI has disclosed the identity of members of the raiding party to the accused and apprised the accused about himself and his staff and also with the secret information with them. SI Attar Singh disclosed the identity of FIR NO.68/03 State Vs. Maya Page No. 7 of 23 raiding party to the accused and accused was given an offer that her search is to be taken and if so desires, her search can be taken before any Gazetted Officer or Magistrate but the lady declined that offer. SI Attar Singh further said to that lady that before giving her search, she can take the search of the members of raiding party but she refused for the same. SI Attar Singh issued a notice U/s 50 NDPS Act to the accused, same was also read over to the accused. PW2 proved the notice U/s 50 NDPS as Ex.PW2/A and reply of the accused thereon as Ex.PW2/B. PW2 further deposed that she took the accused in the government vehicle and took her cursory search on which she recovered a small polythene in her right hand. PW2 produce that polythene before SI Attar Singh. On checking, SI Attar Singh found a small polythene pouches in the polythene bag recovered from the possession of the accused. On opening the polythene bag it was found containing 216 small polythene pouches with some matiala coloured powder in it. The entire small packets were opened and entire substance was collected and weighed and it came to be 50 gms. out of which two samples of 5 gms. each were taken. Both the samples were sealed with the seal of 1B PS NB Delhi and were given Mark A and B. The remaining heroin along with empty polythene packets and recovered polythene were sealed into separate parcel and was given Mark C to it. Form FSL was filled in FIR NO.68/03 State Vs. Maya Page No. 8 of 23 and same seal was affixed thereon. PW2 proved the seizure memo of parcels and FSL form as Ex.PW2/C. Seal after used was handed over to PW2. IO requested 4 neighbours to join the house search proceedings but they refused and on house search an Almira containing Rs.2435/- with the cash notes of denomination of Rs.5/- Rs.10/-, Rs.20/-, Rs.50/- and Rs.100/- were found at the ground floor. The accused disclosed that these Rs.2435/- are sale proceeds of heroin today. IO took in possession those recovered notes. PW2 proved the recovery memo of Rs.2435/- as Ex.PW2/D. PW2 further deposed that rukka was prepared by SI Attar Singh and sent along with all the four parcels, copy of seizure memo and form FSL through Ct. Naresh and sent to police station. PW2 further deposed that at about 02:00 PM IO/SI Bakhtawar Singh along with ASI Suresh Kumar came at the spot where SI Attar Singh handed over entire papers and accused to SI Bakhtawar Singh and he prepared the site plan at the instance of SI Attar Singh. PW2 further deposed that IO/SI Bakhtawar Singh recorded her statement, accused was interrogated and her disclosure statement was recorded. PW2 proved the disclosure statement of accused as Ex.PW2/E. PW2 also proved personal search memo of accused as Ex.PW1/F and arrest memo as Ex.PW1/G. PW2 correctly identified the recovered polythene Ex.P1 containing the transparent polythene Ex.P2 and 216 transparent FIR NO.68/03 State Vs. Maya Page No. 9 of 23 empty polythene as Ex.P3 (Colly). After opening another parcel with seal of FSL Delhi, PW2 proved remnants of samples as Ex.P4 which were taken from Ex.P2. The currency notes amounting to Rs.2435/- are proved by witness as Ex.P5 (Colly). PW2 also proved the carbon copy of notice U/s 50 NDPS Act as Ex.PW2/H which was recovered during personal search of accused. During cross examination, nothing material came so as to contradict the deposition of witness in her examination in chief.
6. Prosecution further examined HC Shakir Husain as PW3 who deposed that on 19.09.2003 while being posted as HC at PS Narcotics Branch, Kamla Market. At about 12:55 PM, he made departure entry no. 11 of Ct. Ajit who took the sample to FSL Malviya Nagar and proved the DD entry No. 11 as Ex.PW3/A and written entry No. 16 of Ct. Ajit as Ex.PW3/B. During cross examination PW3 admitted that he has not obtained the signature of Ct. Ajit on the DD entry.
7. Prosecution examined HC Gyan Prakash as PW4 who deposed that on 13.08.2003 he was posted as MHC (M) at Narcotics Branch, Kamla Market, Delhi. On that day, SHO/Inspr. S.P. Kaushik deposited three parcels Mark A, B and C along with FSL Form duly sealed with the seal of 1B PS NB Delhi and also with the seal of 1 SHO NBR Delhi along with carbon copy of seizure memo. PW4 FIR NO.68/03 State Vs. Maya Page No. 10 of 23 further deposed that on 19.08.2003 the sample parcel Mark A along with FSL Form were sent to FSL office, Malviya Nagar vide RC No. 85/21. PW4 further deposed that on 13.02.2004 , the result of the sample was received which were handed over to IO. PW4 further deposed that on 13.08.2003 IO/SI Attar Singh has also deposited the khanatalshi of the accused containing Rs.2435/-. PW4 further deposed that SI Bhakhtawar Singh deposited the personal search article of the accused to him and proved the entry No. 352, 353 and 354 as Ex.PW4/A, Ex.PW4/B, Ex.PW4/ respectively and RC No. 85/21 as Ex.PW4/D.
8. Prosecution further got examined ASI Virender Singh as PW5 who deposed that he is working as SO to DCP (Narcotics). On 14.08.2003, two special reports U/s 57 of NDPS Act were received at their office from SHO PS Narcotics through ACP Narcotics. PW5 proved the receiving of same in the dairy at serial No. 1321 and 1322 as Ex.PW5/A and Ex.PW5/B.
9. Prosecution further got examined Ct. B.K. Dass as PW6 who proved the receiving of secret information on 04.08.2003 vide DD No. 7 dated 13.08.2003 from SHO PS Narcotics as Ex.PW6/A.
10. The prosecution got examined Inspr. S.P. Kaushik as PW7 who deposed that on 13.08.2003 he was posted as SHO, PS Narcotics Branch, Kamla Market. At about 09:20 AM, SI Attar Singh FIR NO.68/03 State Vs. Maya Page No. 11 of 23 approached him along with Secret Informer with the information that one Maya resident of B Block, J.J. Colony, Wazirpur is indulging in sale of heroin and is selling heroin in purias by sitting on a cot in front of House No. B-54, Wazirpur, J.J. Colony and same was further conveyed to Sh. R.P. Sharma, the then ACP Narcotics. DD No. 7 was registered and same was forwarded to ACP Narcotics. PW7 proved DD No. 7 as Ex.PW7/A. PW7 further deposed that on same day at about 01:35 PM Ct. Naresh produced the carbon copy of seizure memo along with three envelop parcels Mark A, B and C and FSL Form all duly sealed with the seal of 1B PS NB Delhi on which he put the FIR No.68/03 along with his official seal of 1 SHO NBR Delhi on all the three parcels and FSL form and kept the above case property with him. At about 02:45 PM PW7 deposited the same with HC Gyan Prakash and proved the DD No. 15 and 17 as Ex.PW7/A and Ex.PW7/B respectively to that effect. PW7 further deposed that at about 05:30 PM on arrival of SI Bhaktawar Singh he forwarded two reports U/s 57 NDPS Act regarding seizure of heroin and arrest of accused to ACP Office.
11. The prosecution got examined Inspr. Attar Singh as PW8 who deposed that on 13.08.2003 at about 09:00 AM he received the secret information regarding sale of heroin at B Block, J.J. Colony, Wazir Pur, Delhi by accused Maya. The information was conveyed to FIR NO.68/03 State Vs. Maya Page No. 12 of 23 SHO concerned. After verification of information from the secret informer, the same information was conveyed by SHO concerned to SHO/Inspr. S.P. Kaushik. On receiving the directions for raid from the SHO, DD No. 7 was registered at 09:30 AM. The raiding party was constituted by PW8 which comprised of PW8 himself, HC Bijender and WHC Kanta. PW8 along with secret informer left for the spot of offence in the Government Vehicle DL1V 3570. The raiding party reached to the spot of offence at 10:15 AM i.e. B Block, J.J. Colony, Wazirpur and parked the vehicle near a park. PW8 asked the 8 passersby and four neighbours to join the raiding party but they refused to join the same due to their own personal constraints. The residents of locality stated that the accused is of Sansi Caste and it is difficult to entangle with them. The raiding party was briefed and all of them left for the house of the accused. Secret informer pointed at the accused Maya wearing suit and salwar sitting at cot and she was apprehended with the help of WHC Kanta. After apprehension of accused, PW8 apprised the accused about himself and his staff and also with the secret information with them. PW8 issued a notice U/s 50 NDPS Act to the accused, same was also read over to the accused. Accused was also apprised that she can get herself personally searched in presence of some gazetted officer but the accused refused for such personal search before some gazetted FIR NO.68/03 State Vs. Maya Page No. 13 of 23 officer. Accused also not exercised her option to search any police person or W/HC Kanta. PW8 again asked 8 bystanders to join the investigation but none agreed and left the spot. PW8 further deposed that at his directions woman HC Kanta took the accused in the vehicle and took her cursory search on which she recovered a polythene bag and produce before PW8 which on checking found containing 216 small polythene packets. After cutting edges of all the pouches with the help of scissor PW8 collected the powder and on testing by filed testing kit, it was found to be heroin. On weighing by electronic weighing machine, the heroin was found to be 55 gms. in total out of which two samples of 5 - 5 gms. each heroin were taken and was kept in polythene pouch and thereafter wrapped with yellow coloured paper. The pullinda were prepared and both the pullindas were given the nomenclature of Mark A and Mark B. The remaining powder and empty 216 small plastic pouches were kept in same polythene bag which was further kept in a yellow coloured envelop and pullinda was prepared as Mark C. FSL form was filled up and all the three pullindas were sealed with the seal of 1B PSNB Delhi by PW8. Three seals each were applied to pullindas and one seal impression was put on FSL Form. The seal after use was handed over to W/HC Kanta. All the three pullindas along with FSL form were seized by PW8 vide seizure memo already Ex.PW2/C. Seizure memo of heroin FIR NO.68/03 State Vs. Maya Page No. 14 of 23 was prepared. In accordance to information from secret informer, four neighbours of Maya were called to join search of house of accused Maya but they refused. PW8 further deposed that he conducted house search of the accused where no heroin or drug was found. On checking the almirah the currency note of denomination of Rs.10/-, Rs.20/-, Rs.50/- and Rs.100/- were recovered from lowest compartment of almirah and on counting those were found to be Rs. 2435/- for which accused told the IO that this money is sale proceed for today's heroin. Rs.2435/- were taking into police possession vide seizure memo already Ex.PW2/D. PW8 proved the rukka as Ex.PW8/A which was handed over to Ct. Naresh Kumar along with three parcels , FSL Form and copy of seizure memo which were produced by Ct. Naresh Kumar before SHO Narcotics Branch as per directions of PW8. At about 02:00 PM, SI Bhaktawar Singh reached at the spot where PW8 handed over all the documents and accused Maya to him. SI Bakhtawar Singh prepared the site plan at the instance of PW8 and arrested the accused. Accused Maya got personally search by lady HC Kanta and at about 04:15 PM all the police officials left the spot and reached the PS at 05:00 PM. PW8 identity the parcel Mark C which is already Ex.P1 and heroin in the polythene as Ex.P2. PW8 also identified the currency notes in the denomination of Rs.5/-, Rs.10/-, Rs.20/-, Rs.50/- and Rs.100/- which FIR NO.68/03 State Vs. Maya Page No. 15 of 23 are in total Rs.2435/- and already proved as Ex.P5 (Colly). PW8 also proved the personal search article i.e. Rs.762/- and two artificial golden coloured bangles as Ex.P6 (Colly).
11.1 During cross examination, PW8 stated that he not obtained the signatures of his sub-ordinate officers at the time of departure. PW8 further admitted that the house of the accused is located in thickly populated area and he also know that refusal for joining the investigation for house search amounts to criminal offence but he has not taken any legal action against any of those persons.
12. The prosecution got examined Ct. Ajit Singh Singh as PW9 who deposed that on 19.08.2003 he took the sample Mark A with three seals of IBPS, NB Delhi and one seal of SHO NBR Delhi and one FSL form sealed with aforementioned seal vice RC No. 85/21 and deposited the same at FSL Malviya Nagar and handed over the copy of receipt to MHC (M) Gyan Prakash. So far as the sample remained in his custody he did not tamper the sample and same remained intact.
12.1 During cross examination, it is stated by PW9 that he has not signed register No. 19 while taking the samples to deposit with FSL Malviya Nagar.
13. The prosecution got examined HC Naresh Kumar as PW10 who deposed that on 13.08.2003 he was posted at PS FIR NO.68/03 State Vs. Maya Page No. 16 of 23 Narcotics Branch where SI Attar Singh received the secret information regarding sale of heroin at B Block, J.J. Colony, Wazir Pur, Delhi by accused Maya. The raiding party was constituted by SI Attar Singh which comprised of SI Attar Singh, HC Bijender, Ct. Mohan Lal, PW10 and WHC Kanta. PW10 along with secret informer left for the spot of offence. The raiding party reached to the spot of offence at 10:15 AM i.e. B Block, J.J. Colony, Wazirpur and parked the vehicle near a park. IO requested some public persons to join the raiding party but none of them agreed. Secret informer pointed at the accused Maya wearing suit and salwar sitting at cot and she was apprehended with the help of WHC Kanta. After apprehension of accused, IO apprised the accused about himself and his staff and also with the secret information with them. Accused was also apprised that she can get herself personally searched in presence of some gazetted officer but the accused refused for such personal search before some gazetted officer. Accused also not exercised her option to search any police person or W/HC Kanta. PW10 further deposed that he brought the Government vehicle at the spot which was parked near the park. IO prepared the notice U/s 50 NDPS Act and explained the contents thereof to the accused. At the directions of SI Attar Singh woman HC Kanta took the accused in the vehicle and took her cursory search on which she recovered a polythene bag FIR NO.68/03 State Vs. Maya Page No. 17 of 23 and produce before SI Attar Singh which on checking found containing 216 small polythene packets. After cutting edges of all the pouches with the help of scissor SI Attar Singh collected the powder and on testing by filed testing kit, it was found to be heroin. On weighing by electronic weighing machine, the heroin was found to be 55 gms. in total out of which two samples of 5 - 5 gms. each heroin were taken and was kept in polythene pouch and thereafter wrapped with yellow coloured paper. The pullinda were prepared and both the pullindas were given the nomenclature of Mark A and Mark B. The remaining powder and empty 216 small plastic pouches were kept in same polythene bag which was further kept in a yellow coloured envelop and pullinda was prepared as Mark C. FSL form was filled up and all the three pullindas were sealed with the seal of 1B PSNB Delhi by SI Attar Singh. Three seals each were applied to pullindas and one seal impression was put on FSL Form. The seal after use was handed over to W/HC Kanta. All the three pullindas along with FSL form were seized by SI Attar Singh vide seizure memo already Ex.PW2/C. Seizure memo of heroin was prepared. In accordance to information from secret informer, four neighbours of Maya were called to join search of house of accused Maya but they refused. PW10 further deposed that the house search of the accused was conducted where no heroin or drug was found. On checking the FIR NO.68/03 State Vs. Maya Page No. 18 of 23 almirah the currency note of denomination of Rs.10/-, Rs.20/-, Rs.50/- and Rs.100/- were recovered from lowest compartment of almirah and on counting those were found to be Rs.2435/-. Rs.2435/- were taking into police possession vide seizure memo already Ex.PW2/D. PW10 further deposed that IO handed over all the sealed pullinda and FSL form to him which were further handed over to SHO concerned and rukka was handed over to Duty Officer. PW10 correctly identified the accused in the court.
13.1 During cross examination, PW10 stated that he did not came back to the spot after registration of the FIR and ASI Suresh took 2nd IO to the spot in the official vehicle and he did not carry the alleged recovered cash with rukka to police station.
14. The prosecution got examined SI Bakhtawar Singh as PW11 who deposed that on 13.08.2003 the investigation of present case was marked to him. At about 01:30 PM he along with ASI Suresh Kumar reached at the spot where SI Attar Singh and lady HC Kanta handed over accused along with all the relevant document/seizure memo to him. PW11 proved the site plan as Ex.PW11/A. PW11 further deposed that he got the accused personally searched by lady HC Kanta. PW11 recorded the disclosure statement of the accused and at about 04:15 PM he returned back to the PS and deposited the personal search of FIR NO.68/03 State Vs. Maya Page No. 19 of 23 accused in the police station. Accused was produced before SHO and handed over the report to SHO for intimation to higher authorities. PW11 correctly identified the accused in the court.
15. The accused admitted the FSL report No. 2003/C-1751 dated 23.01.2004 as Ex.C1.
16. PE was thereafter closed.
17. All the incriminating evidence/material was then put to accused which she denied in her statement recorded on 25.07.2014 U/s 313 Cr.P.C submitting the present case to be false. She wished to lead defence evidence and got examined only one DW.
18. The accused got examined Smt. Roshni as DW1 who deposed that on 13.08.2003 she was present at her house and her daughter came to her house to look after her. At about 10 - 11 AM 5
- 6 male police official and one female police official came to her house and searched her house without any warrant and on questioning to same by her daughter Maya, the police officials got annoyed and falsely implicated her in the present case. 18.1 During cross examination by Ld. APP DW1 admitted the suggestion that she has not made any call to PCR on 100 number and there she was having no previous enmity with the police officials.
19. Thereafter, D.E. was closed.
20. Final arguments advanced. I have perused the case record FIR NO.68/03 State Vs. Maya Page No. 20 of 23 carefully.
21. It is observed by the court that all the prosecution witnesses has deposed regarding sequence of date, time and event. The prosecution witnesses has successfully proved the information in form of Ex.PW6/A. The prosecution also proved the notice U/s 50 NDPS Act got issued to the accused and the refusal of getting him search before any gazetted officer. It is also observed that all the prosecution witnesses has deposed in consonance regarding personal search of accused - Maya by woman HC Kanta and also the recovery and testing of heroin (diacetylmorphine) in small quantity. The prosecution has also proved the presence of diacetylmorphine with the accused - Maya which was detected on chemical examination through field testing kit by SI Attar Singh. In view of admission of FSL Report Ex.C1 by the accused - Maya, the factum of presence of diacetylmorphine in the substance recovered from the custody of the accused - Maya is also successfully proved by the prosecution. Apart from recovery of diacetylmorphine the sealing of the samples and remaining powder by SI Attar Singh by his seal and also counter sealing of same parcels by the seal of SHO, PS Narcotics gives authenticity to seizure of contraband on the day of offence. On one hand, the prosecution has successfully proved the search, recovery, seizure and presence of diacetylmorphine with FIR NO.68/03 State Vs. Maya Page No. 21 of 23 accused - Maya whereas in the entire cross examination, accused hovered on non-joining of public witness at the time of recovery of diacetylmorphine from her but this ground of the accused do not find weight when there is refusal by the accused. Refusal itself is further fortified by not putting any suggestion in cross examination of PW by the accused for use of any coercive method by the police to obtain her refusal on the notice U/s 50 NDPS Act. The accused wished to lead Defence Evidence and got examined her mother as DW1 but during course of D.E. the accused has failed to give any dent to recovery of diacetylmorphine from the possession of the accused . After examination of DW1, no further D.E. was lead and D.E. was closed at request of the accused. The prosecution has successfully proved the charges framed against the accused - Maya on 01.06.2004 whereas, on the other hand, the accused failed to give any dent in the story and deposition of prosecution. The prosecution has proved its case beyond reasonable doubt.
22. In view of above observations, accused - Maya is hereby convicted for the offence U/s 21/61/85 NDPS Act.
Copy of this judgment be given dasti to the convict.
Announced in the open Court on this 29th Day of June, 2015 (AJAY KUMAR MALIK) FIR NO.68/03 State Vs. Maya Page No. 22 of 23 MM(C)-04/Tis Hazari Courts 29.06.2015 FIR NO.68/03 State Vs. Maya Page No. 23 of 23 FIR No. 68/03 PS: Narcotics Branch 29.06.2015 Present : Ld. APP for the State.
Accused - Maya in person along with Ld. Counsel Sh. Deepak Juneja.
Final arguments advanced.
Vide separate judgment of even date, accused - Maya is Convicted for the offence U/s 21/61/85 NDPS Act.
Separate order on quantum of sentence is also passed today itself.
Original documents, if any, be returned to rightful owner against certified copies of the same.
File be consigned to Record Room after due completion.
(AJAY KUMAR MALIK)
MM (Central)-04/THC
29.06.2015
FIR NO.68/03 State Vs. Maya
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