Delhi District Court
State vs Sunder Singh on 16 November, 2023
IN THE COURT OF SHRI ARUL VARMA, ASJ-04 AND
SPECIAL JUDGE (NDPS) SOUTH-EAST: SAKET COURTS:
NEW DELHI
CNR No. DLSE01-003881-2017
SC No 209/2017
FIR No. 41/2017
P.S. CRIME BRANCH-SOUTH EAST
State
Vs.
Sunder Singh
S/o Sh. Narayan Singh
R/o Village Ratir Keti,
PS Kapkot, Distt Bageshwar
Uttrakhand
........ Accused
Date of Institution : 20.05.2017
Date of reserving the Judgment : 16.11.2023
Date of Judgment : 16.11.2023
JUDGMENT
FACTS IN BRIEF / CASE SET UP BY THE PROSECUTION
1. The facts as alleged by the prosecution, are hereby succinctly recapitulated. It was alleged that on or before 21.03.2017 at 03:20 PM under Kotla Mubarakpur Flyover, Near A Block, Defence Colony, New Delhi and Near MCD School Sewa Nagar (East) accused Sunder Singh was found in possession of 900 grams of Charas. Thereafter, the accused was arrested, and investigation was conducted whereafter the present chargesheet came to be filed.
FIR No 41/2017 State Vs. Sunder Singh Page No 1 /39 Digitally signed ARUL by ARUL VARMA VARMA 2023.11.16 Date:
14:03:51 -0200 CHARGES FRAMED QUA THE ACCUSED
2. Charges under section 20 of NDPS Act, were framed qua the accused to which he pleaded not guilty and claimed trial.
EVIDENCE LED BY PROSECUTION
3. In the trial, the prosecution in support of its case, examined 11 witnesses, the succinct testimonies whereof are as follows:
4. PW-1 SI Ram Prasad deposed that on 21.03.2017 he was posted as ASI at PS-Crime Branch and was on duty as Duty Officer from 08.00pm to 08.00am. At around 08.10pm, one rukka was received through Ct. Jitender who was sent by ASI Abdul Barkat. On the basis of said rukka, he registered the present FIR through Computer Operator. Copy of which was proved as Ex. PW1/A bearing his signature at point A. He further deposed that he also made the endorsement on the rukka to this effect which was proved as Ex. PW1/B and his endorsement alongwith signature is at point A. One DD entry no. 18 was also lodged to this effect. Copy of which was proved as Ex. PW1/C.
5. PW-2 ASI Jag Narayan deposed that he had brought the summoned record i.e. register no. 19 wherein the relevant entry is at serial no. 2459 vide which case property was deposited in the Malkhana on the directions of SHO, Crime Branch after FIR No 41/2017 State Vs. Sunder Singh Page No 2 /39 Digitally signed by ARUL ARUL Date:
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calling PW-2 ASI Jag Narayan in his office on 21.03.2017. There were three sealed pullandas, FSL form and carbon copy of seizure memo which were handed over to him by the SHO. The pullandas were sealed with the seal of 6B PSNB, Delhi and VSS. On 22.03.2017, ASI Sudhir deposited the personal search articles of the accused. He made the relevant entry at serial no. 2460 in the register no. 19. On 25.03.2017, ASI Sudhir again deposited one mobile phone in the malkhana and he made the relevant entry at serial no. 2472 in the register no 19. The copy of relevant entries were proved as Ex. PW2/A. All the entries bore his signature at point A. On 24.03.2017, one sealed pullanda was sent to FSL on the directions of the SHO through ASI Arun vide RC 68/21 dated 24.03.2017 and entry was made to this effect against entry no. 2459 at point B alongwith his signature. ASI Arun handed over him the receipt of depositing the said sealed pullanda with the FSL. Copy of which was proved as Ex. PW2/B. Copy of RC was proved as Ex. PW2/C bearing his signature at point A. On 13.06.2017, the sealed pullandas and report of FSL was received in the PS and he made the relevant entry at point C alongwith his signature.
6. PW-3 HC Jitender deposed that on 21.03.2017 he was posted at Narcotics Cell, Crime Branch, New Delhi as Head Constable. FIR No 41/2017 State Vs. Sunder Singh Page No 3 /39 Digitally signed by ARUL ARUL Date:
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On that day, at around 02.00pm, ASI Abdul Barkat called him and Ct. Jitender in his room where one secret informer was also present. ASI shared the secret information that one person involved in supply of Charas from Uttrakand will come under the fly over of Kotla Mubarkpur for supply and he can be apprehended if, raid is conducted. Raiding party was constituted and they left the office at 02.15pm. ASI Abdul Barkat had also met senior officials and done some written work before they left the office. They left in the official Zypsy bearing no. DL-1CJ- 5545 driven by HC Dharmender. IO had taken its field testing kit, electronic weighing machine and IO kit with him. He further deposed that he reached at spot under the fly over Kotla Mubarkpur from their office at Dariya Ganj at around 02.55pm. On their way to the spot, IO requested few public persons at three spots to join the raiding party but none of them agreed to join the raiding party. At the spot, raiding party members were again brief and they took their respective position. He alongwith Ct. Jitender stood together whereas ASI took position with secret informer. Zpysy was parked at the distance of about 50 meters near the flats and driven was instructed to wait for the signal. At about 03.10pm, one person came from ganda nala side Defence Colony who was carrying a pitthu bag on his FIR No 41/2017 State Vs. Sunder Singh Page No 4 /39 Digitally signed by ARUL ARUL Date:
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shoulder. The said person reached under the flyover and stopped there and started waiting for someone. Secret informer pointed out and identified him and left the spot. The said person was apprehended and the vehicle called at the spot by giving signal. On inquiry his name was disclosed as Sunder Singh. He was informed about their identity and the secret information regarding contraband in his possession. He was informed about his legal right being searched in the presence of gazetted officers or the Magistrate who can be arranged and he can also take search of their vehicle and officials before conducted his search. One notice u/s 50 NDPS Act was served upon him. Carbon copy of which was proved as Ex. PW3/A which bore his signature at point A. The notice was read over and explained to him. Accused refused to be searched in the presence of gazetted officers or the Magistrate. Nor he agreed to search the vehicle and police officials before conducted his search. The accused was not much educated therefore, on his request, his reply was reduced in writing on the carbon copy of the notice by the IO which was proved as Ex. PW3/B bearing his signature at point A. IO requested the public persons to join the search and proceedings but none of them agreed and left the place. The pitthu bag carried b the accused was checked. It found FIR No 41/2017 State Vs. Sunder Singh Page No 5 /39 Digitally signed by ARUL ARUL Date:
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containing one white colour pillow cover and a polythene containing black colour substance. The substance was checked and tested with the help of field testing kit and it found to be charas. On measuring on electronic weighing machine, it found to be 900 grams. Two samples of 50 gram each was taken out and sealed it two pullandas after keeping them in transparent polythene and marked as A and B. The remnant was also sealed in the said pillow cover and bag in the pullanda. All the three pullandas were sealed with the seal of 6B PSNB Delhi. FSL form was also filled with specimen seal. Seal after use was handed over to him. The seal pullandas were seized vide memo Ex. PW3/C bearing his signature at point A. Thereafter, IO prepared the rukka and handed over the same to Ct. alongwith sealed pullandas, carbon copy of seizure memo and FSL form at around 07.20pm for registration of the FIR and handed over the pullanda and documents to the SHO. He took the abovesaid pullandas and documents in the official Zypsy. At around 12.00midnight, IO /ASI Sudhir Kumar reached at the spot in the official Zypsy with HC Dharmender. ASI Barkat briefed him about the recovery and handed over the custody of accused Sunder Singh. ASI Sudhir Kumar prepared the site plan at the instance of ASI Abdul Barkat. He further deposed that his FIR No 41/2017 State Vs. Sunder Singh Page No 6 /39 Digitally signed by ARUL ARUL VARMA VARMA Date:
2023.11.16 14:04:43 -0200 statement was recorded by the IO. Accused was arrested at around 02.00am on 22.03.2017 and his personal search was conducted vide memos Ex. PW3/d and Ex. PW3/E bore his signature at point A. One notice u/s 50 NDPS Act in original/black colour purse, pan card, ATM card, cash of Rs 900/-, 11 American dollar etc were recovered in the personal search of the accused. One dual sim phone was recovered which was seized vide memo Ex. PW3/F bearing his signature at point A. IO also made inquiries from accused and recorded his disclosure statement which was proved as Ex. PW3/G bearing his signature at point A. They left the spot at around 03.00am and reached at PS-Crime Branch at around 03.30am. Case property was deposited in the malkhana. Thereafter, they returned to their Narcotics office at around 05.30am. Accused produced before Inspector Manoj Kumar who also made inquires and interrogated the accused. Thereafter, accused was produced before the court after medical examination.
7. PW-4 Sh. Sanjeev Tyagi, deposed that on 21.03.2017 he was posted as ACP Narcotics, Crime Branch. At about 1.35 PM Inspector Manoj Kumar informed him regarding an information that one Sunder from Uttarakhand is bringing 'charas' to give someone near Kotla Mubarakpur Flyover between 03 PM to FIR No 41/2017 State Vs. Sunder Singh Page No 7 /39 Digitally signed by ARUL ARUL VARMA VARMA Date:
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03.30 PM. On this information, he directed him to conduct a raid. In this regard, a DD entry No. 25 written by ASI Abdul Barkat produced him by the Reader which he had seen. The carbon copy of the same was proved as Ex.PW4/A. He had brought the original DD entry No. 25 having his endorsement "seen". Same was taken on record and Ex.PW4/B bearing his signatures at point A. Next day i.e. 22.03.2017 two separate reports under Section 57 NDPS Act regarding seizure of 'charas' of 900 gms and arrest of the accused were received in his office and the same was produced before him by his Reader. He further deposed that he had also seized both said reports. Copy of both the said reports were received vide diary No. 700 and 701 respectively . The said DD entry No. 25 was received vide Diary No. 673 dated 21.03.2017. ASI Dinesh Kumar Reader to ACP had brought diary register containing the aforesaid diary number. Copy of the same running into two pages were taken on record and were proved as Ex.PW4/C Duplicate copy of both the said reports under Section 57 NDPS Act are already on record. Same were proved as Ex.PW4/D and Ex.PW4/E respectively. He had brought original of both the said reports having his endorsement. Same were taken on record and marked Ex.PW4/F and Ex.PW4/G bearing his endorsement at FIR No 41/2017 State Vs. Sunder Singh Page No 8 /39 Digitally signed by ARUL ARUL VARMA VARMA Date:
2023.11.16 14:05:04 -0200 point A.
8. PW-5 ASI Mahesh Chand deposed that on 20.01.2017, he was posted as ASI and was working as MHC(M) in Narcotics Cell, Kotwali, Daryaganj, Delhi. On that day, he had issued one official seal of 6B PS/NB DELHI to ASI Abdul Barkat No. 138/CR and an entry in this regard at Sl. No. 6 in official seal issuing Register N & CP 2017 was made by him. Photocopy of which was proved as Ex.PW5/A. He further deposed that on 21.03.2017, he had issued one electronic weighing machine to ASI Abdul Barkat at 02:00 pm regarding which an entry in issuing Electronic weighing machine Register N & CP of 2017 at Sl. No. 12 was made by him, and photocopy of which was proved as Ex.PW5/B bearing his signatures at point-A and signatures of ASI Abdul Barkat at point-B. He had returned the electronic weighing machine to him on 22.03.2017 at 07:30 am regarding which an entry was made by him in the said register at point-X which bore his signature at point-A and signatures of ASI Abdul Barkat at point-B. On 16.03.2017, he had issued one Field Testing Kit to ASI Abdul Barkat regarding which an entry in Field Testing Kit issuing N & CP of 2017 at Sl. No. 13 was made by him, photocopy of which was proved as Ex.PW5/C bearing his signatures at point-A and signatures of ASI Abdul FIR No 41/2017 State Vs. Sunder Singh Page No 9 /39 Digitally signed by ARUL ARUL Date:
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Barkat at point-B.
9. PW-6 Insp. Manoj Kumar deposed that on 21.03.2017, he was working as Inspector Narcotic Cell, Crime Branch, Kotwali, Delhi. On that day at about 1.30pm, he was present in his office when ASI Abdul Barkat came to him alongwith secret informer and informed him that one person namely Sunder who used to work in Defence Colony and was also indulged in supplying illegal charas in Delhi and who was permanent resident of Bageshwar, UK would come with consignment of charas under Fly Over, Kotla Mubarakpur near A Block, Defence Colony and MCD School, Sewanagar East in between 3-3.30pm who can be apprehended if raided. After being satisfied he alongwith with secret informer, went to the office of ACP Sanjeev Tyagi and told him about the above secret information who directed him to conduct raid. Accordingly, he told ASI Abdul Barkat about the direction of the ACP.
Thereafter ASI recorded secret information vide DD No. 25 at about 1.45pm and handed over the same to him in compliance of Section 42 NDPS Act which he forwarded to the ACP under his signature at B which was already proved as Ex. PW4/B. Thereafter ASI Abdul Barkat formed a raiding party on his direction including himself. HC Jitender, Ct. Jitender and FIR No 41/2017 State Vs. Sunder Singh Page No 10 /39 Digitally signed by ARUL ARUL VARMA VARMA Date:
2023.11.16 14:05:22 -0200 raiding team members were briefed about the secret information and they left the office with secret informer vide DD No. 26 at 2.15pm in govt. gypsy No. DL-1CJ-5545 after taking IO bag, field testing kit and electronic weighing machine. Raid was successful. Case was registered. Investigation was marked to ASI Sudhir Kumar. On 22.3.2017 ASI Sudhir Kumar alongwith raiding team and accused Sunder came in his office and produced before him the accused. He interrogated him and found the recovery of 900 grams charas from him alongwith his arrest justified. It was further deposed that on 22.3.2017 ASI Abdul Barkat also handed over him report u/s 57 NDPS Act regarding seizure of 900 grams charas, which was already proved as Ex. PW4/F bearing his signature at point B. He forwarded the said report to the ACP Sh. Sanjeev Tyagi. On
22.3.2017 ASI Sudhir Kumar also handed over him report u/s 57 NDPS Act regarding arrest of the accused which was already proved as Ex. PW4/G bearing his signature at point B. He forwarded the said report to the ACP Sh. Sanjeev Tyagi. PC remand of the accused was obtained to trace of recovery but in vain. IO recorded his statement to the above said facts.
10.PW-7 ASI Abdul Barkat deposed that on 21.03.2017 he was posted as ASI at Narcotics Cell, Crime Branch, Kotwali, Darya FIR No 41/2017 State Vs. Sunder Singh Page No 11 /39 Digitally signed by ARUL ARUL VARMA VARMA Date:
2023.11.16 14:05:32 -0200 Ganj, New Delhi. On that day at about 1.15 p.m. when he was present in his office, a secret informer came and informed him that one Sunder who works some where in the area of Defence Colony, N. Delhi and who is indulged in supply of 'Charas' would be coming under Kotla Mubarak Pur flyover between 3- 3.30 p.m to supply Charas to some one and if raid is conducted he can be apprehended with contraband Charas. He further deposed that upon this, he produced the the informer before his senior Insp. Manoj Kumar, who also inquired from the secret informer and after satisfying about the secret information informed ACP Sh. Sanjeev Kumar Tyagi of their cell in his chamber/office. ACP directed Insp. Manoj Kumar to conducted appropriate raid. Thereafter, he recorded DD No.25 Dt. 21.03.2017 at 1.45 p.m. in their office regarding the receiving of secret information in compliance of Section 42 NDPS Act and produced copy of said DD entry to Insp. Manoj Kumar. The carbon copy of abovesaid DD was already exhibited as Ex.PW4/A bearing his signatures at point-B. On the direction of Insp. Manoj Kumar he formed a raiding party consisting he, HC Jitender and Ct. Jitender and they alongwith secret informer left their office by Govt. Gypsy driven by HC Dharmender (Driver) after taking his IO bag and field testing kit and electronic FIR No 41/2017 State Vs. Sunder Singh Page No 12 /39 Digitally signed by ARUL ARUL Date:
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weighing machine after lodging their departure vide DD No. 26 Dt. 21.03.2017, certified copy of which was proved as Ex.PW7/A duly certified by ACP Sh. Sanjeev Kumar Tyagi. Witness further deposed that in their way he stopped Govt. Gypsy and requested few passersby/public persons available at Shantivan red light and near Pragati Maidan Bus Stand and at Krishna Market, Lajpat Nagar after apprising them about the secret information and requested them to join the raiding party none agreed to it. At the spot he briefed raiding party members and they took separate positions under K.M.Pur Flyover. At about 3.10 p.m. secret who was standing with him pointed out towards accused who was coming from the side of Defence Colony A-Block on foot and carrying green and black colour 'thaila' on his right shoulder, and told them that he was accused Sunder. Thereafter, secret informer was relieved Accused Sunder halted under K.M.Pur Flyover and kept on waiting someone. They also kept eye on him and did not apprehend him immediately as they also kept on waiting about the possible arrival of any other associate/receiver. After 5 to 7 minutes accused turned to go back when they apprehended him. He revealed identity of the raiding party members and told accused about secret information that accused was in possession of FIR No 41/2017 State Vs. Sunder Singh Page No 13 /39 Digitally signed by ARUL ARUL VARMA VARMA Date:
2023.11.16 14:05:52 -0200 Charas and his search was required to be taken. Accused was informed by him about his legal right being searched in the presence of gazetted officers or the Magistrate who can be arranged and accused can also take search of their vehicle and their person before offering his search. He served notice u/s 50 NDPS Act upon him, carbon copy of which was already proved as Ex. PW3/A which bore his signature at point B. The notice was read over and explained to him. Accused refused to be searched in the presence of gazetted officers or the Magistrate. Accused also refused to search the vehicle and police party before conducting his search. The accused was not much educated therefore, on his request, his reply was reduced in writing on the carbon copy of the notice by him which was proved as Ex. PW3/B bearing his signature at point B and signature of accused at point C. He also deposed that he requested the public persons/passersby there to join the search proceedings but none of them agreed and left the place. The pitthu bag/thaila carried by the accused was checked and found containing one white colour pillow cover and a polythene containing black colour substance. The substance was checked and tested with the help of field testing kit by him and it was found to be Charas. On measuring on electronic weighing FIR No 41/2017 State Vs. Sunder Singh Page No 14 /39 Digitally signed by ARUL ARUL Date:
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machine, charas kept in polythene weighed to be 900 grams in total. He separated two samples of 50 gram each and sealed them separately into two pullandas after keeping them in transparent polythene and marked as A and B. The remnant case property/charas was also sealed in the said pillow cover and bag after converting it to in a white cloth pullanda. All the three pullandas were sealed with the seal of '6B PSNB DELHI'. He filled FSL form using the same seal. Seal after use was handed over to HC Jitender. The seal pullandas were seized vide memo Ex. PW3/C bearing his signature at point B. Thereafter, he prepared the rukka Ex.PW7/B bearing his signature at point B and handed over the same to Ct. Jitender alongwith all three sealed pullandas, carbon copy of seizure memo and FSL form at around 07.20 pm with direction to hand over rukka to DO for registration of the FIR and handed over the pullanda and documents to the SHO in compliance of Sec. 55 of NDPS Act. Ct. Jitender left the spot with case property and documents. At about 11.55 p.m. ASI Sudhir Kumar alongwith driver HC Dharmender reached at the spot by govt. Gypsi no. DL 1CJ 5545 which they had used in reaching the spot for the raid. He handed over already prepared documents and custody of accused to second IO after apprising him about the facts of the FIR No 41/2017 State Vs. Sunder Singh Page No 15 /39 Digitally signed by ARUL ARUL Date:
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case. Second IO prepared site plan at his instance which was proved as ExPW.7/C bearing his signatures at point-A and recorded the statement of HC Jitender U/s 161 Cr.P.C. Thereafter, second IO arrested accused and conducted his personal search vide memo Ex.PW3/D and Ex.PW3/E both bearing his signatures at point-B at about 2.00 a.m. Second IO also recorded disclosure statement of accused Ex.PW3/G bearing his signatures at point-B. During personal search a mobile phone containing two SIMs and battery was recovered from the possession of accused which second IO ASI Sudhir seized vide memo Ex.PW3/F bearing his signatures at point-B. Thereafter, they all reached to PS Crime Branch, Malviya Nagar where second IO inquired and recorded statement of then SHO and MHC (M) after depositing in malkhana personal search articles of accused. Thereafter, they returned to their office and accused was produced before Insp. Manoj Kumar who after interrogating accused satisfied himself about the recovery and arrest of accused. Second IO recorded his statement U/s 161 Cr.P.C after recording statement of Insp. Manoj Kumar. He prepared report U/s 57 of NDPS Act and forwarded the same to Insp. Manoj Kumar for further forwarding to ACP. The carbon copy of said report was proved as Ex.PW4/D bearing his FIR No 41/2017 State Vs. Sunder Singh Page No 16 /39 Digitally signed by ARUL ARUL VARMA Date:
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signatures at point-X. He further deposed that he had seen the original notice U/s 50 NDPS Act which was served by him upon accused. The same was already proved Ex.PW3/I.
11.PW-8 Sh. Virender Singh, ACP deposed that on 21.03.2017 he was posted as S.H.O P.S Crime Branch New Delhi. On that day Ct. Jitender Narcotics Cell/Crime Branch came to his office at about 08.15 pm and produced before him 3 sealed parcels pertaining to the present case marked as Mark A, B, C, all duly sealed with the seal of "6B PS NB DELHI" with one FSL form having same seal impression of abovesaid seal with carbon copy of seizure memo. Thereafter he called duty officer ASI Ram Prasad and after asking concerned FIR number, he mentioned details of present i.e. FIR 41/17 PS Crime Branch on all the produced pullandas, FSL form and copy of seizure memo and put his signature. Thereafter, he sealed all the 3 pullandas with the seal of 'VSS' and also put the impression of abovesaid seal on FSL form. Thereafter, he called then MHC(M) ASI Jag Narayan P.S. Crime Branch alongwith Malkhana register and handed over all the abovesaid pullandas, FSL Form and carbon copy of seizure memo to MHC(M) who deposited the case property and made malkhana entry no.2459 in register no.19 copy of which was proved as Ex.P.W2/A bearing his signature FIR No 41/2017 State Vs. Sunder Singh Page No 17 /39 Digitally signed by ARUL ARUL Date:
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at point X. Thereafter, he lodged DD no.19 Dt. 21.03.2017 P.S. Crime Branch in this regard in compliance of provision of Section 55 of NDPS Act certified copy of which was proved as Ex.PW8/A in his hand. He further deposed that he had brought the original DD register. He further deposed that till the time case property remained in his possession same was not tampered with.
12.PW-9 SI Sudhir Kumar deposed that on 21.03.2017, he was posted at Narcotics Cell, Crime Branch at Kotwali Dariyaganj. On that day, the investigation of this case was assigned to him after the registration of the FIR. One Ct. Jitender handed over him the copy of the FIR with certification u/s 65-B of Indian Evidence Act alongwith rukka. He proceeded from the office by a government vehicle which was being driven by HC Dharmender. He further deposed that they reached at the spot i.e. under the Kotla flyover. He recorded his Rojnamcha in DD No. 36. The said DD was proved as Ex. PW9/A. At the spot, 4- 5 persons were found present including ASI Abdul Barkat, HC Jitender and accused Sunder Singh. He asked other 4-5 public persons present there, to join the investigation but they refused on the pretext of their domestic problem. He then prepared the site-plan of the place of raid and place of recovery of the FIR No 41/2017 State Vs. Sunder Singh Page No 18 /39 Digitally signed by ARUL ARUL VARMA VARMA Date:
2023.11.16 14:06:42 -0200 substance as stated by ASI Abdul Barkat, who also narrated him the positions of the raiding party members. The site-plan was already proved as Ex. PW7/C, which bore his signature at point X. Thereafter, he recorded the statement of HC Jitender u/s 161 Cr.P.C. He then made inquiry from Sunder Singh, he observed the grounds of his arrest, so he arrested him in this case vide his arrest memo Ex PW3/D, which bore his signature at point X. He then conducted the personal search of accused. Then he recorded the disclosure statement of accused vide Ex. PW3/G, which bore his signature at point X. Thereafter, they took the accused to police station, Crime Branch at Pushp Vihar. There he recorded the statement of the SHO, Inspector Virender Singh. He deposited the personal belongings of accused recovered in his personal search namely one metro card, one original notice u/s 50 NDPS Act, one black purse containing Rs. 900/-, 11 U.S. dollar, one pan card and one election card. One mobile phone was also recovered in the personal search of accused which was also seized through a separate seizure memo Ex. PW3/F, which bore his signature at point X. He also prepared the memo regarding the personal search of accused vide Ex. PW3/E, which bore his signature at point X. He also recorded the statement of ASI Jag Narayan u/s 161 Cr.P.C.
FIR No 41/2017 State Vs. Sunder Singh Page No 19 /39 Digitally signed by ARUL ARUL VARMA VARMA Date: 2023.11.16 14:06:52 - 0200
Thereafter, he brought the accused to his office Narcotics Cell, Old Kotwali Dariyaganj, Delhi. He produced the accused before Insp. Manoj. He then recorded the DD entry no. 3 dated 22.03.2017 regarding their arrival. The attested copy of the DD was proved as Ex. PW9/B, which bore his signature at point X. He then again recorded supplementary statement of HC Jitender. He also recorded the statements of ASI Abdul Barkat, Ct. Jitender and the Insp. Manoj Kumar. Thereafter, the accused was got medically examined and then he was produced before the concerned court. He obtained the police remand of accused for 3 days. He made search of the source of the contraband substance, but the same could not be found because the accused could not disclose the address of the source. On 24.03.2017, the accused was produced before the court, although he was on police remand till 25.03.2017 but since nothing was found so he was produced on 24.03.2017 before the court and then he was remanded to judicial custody by the Court. He prepared the draft chargesheet and sent for scrutiny, thereafter in the month of May, 2017 he went to take the Inter-School Course at Training Centre, Wajirabad. The further investigation was conducted by ASI Arun. On 22.03.2017 he had prepared the report u/s 57 NDPS Act regarding the arrest of accused and the FIR No 41/2017 State Vs. Sunder Singh Page No 20 /39 Digitally signed by ARUL ARUL Date:
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same was put before the Insp. Manoj Kumar. The said report was already proved as Ex. PW4/E, which bore his signature at point X.
13.PW-10 SI Arun Kumar deposed that on 17.05.2017, he was posted at Narcotics Cell, old Kotwali Dariyaganj, Delhi. On that day the further investigation of this case was assigned to him.
The main chargesheet has already been filed in the court by the concerned IO. Later on, he had filed the supplementary chargesheet alongwith FSL result. The FSL result was proved as Ex. PW10/A. Apart from filing the FSL report with the supplementary chargesheet, he did not conduct any investigation in this case.
14.PW-11 HC Jitender deposed that on 21.03.2017, he was posted at Narcotics Cell, Crime Branch, Kotwali Dariyaganj, Delhi. On that day at about 02:00 PM, ASI Abdul Barkat constituted a raiding party and he told them about the secret information. ASI Abdul Barkat told them about the secret information that one person who was indulge in supplying 'charas' in the area of Defence Colony and he could be apprehended on that day with 'charas', if raid conducted at under the flyover of Kotla Mubarakpur and Nagar Nigam School Sewa Nagar. In this regard, the IO ASI Abdul Barkat had FIR No 41/2017 State Vs. Sunder Singh Page No 21 /39 Digitally signed by ARUL ARUL Date:
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recorded DD No. 26 at about 02:15 PM. At about 02:15 PM, we proceeded from their office by a government vehicle which was being driven by HC Dharmender and reached the aforesaid disclosed place via Shantivan traffic light, Pragati Maidan and over the Defence Colony flyover. They reached the spot at about 02:55 PM. The IO asked the driver to park the government vehicle at the distance of 50 mtr from Kasturba Nagar flats and the driver was directed to bring the car as and when the IO gave signal to him. On the way at Shantivan traffic light, the IO asked 4-5 passersby to join the raiding party but they refused to join the raiding party after disclosing their excuses. The IO also asked 4-5 passersby at Lajpat Nagar-Ist, Krishna Nagar and also at the bus stop of Pragati Maidan at each place to join the raiding party but they refused to join the raiding party after disclosing their excuses. At about 03:00 PM, they took positions under the flyover of K. M. Pur. At about 03:10 PM, one person wearing black colour pant and grey colour shirt was coming from A-Block Defence Colony side to whom the secret informer pointed out to the IO that he was the same person about whom he gave the secret information. The secret informer left the spot after pointing out the said person. The said person came and stood for 5-7 minutes under the K. FIR No 41/2017 State Vs. Sunder Singh Page No 22 /39 Digitally signed by ARUL ARUL Date:
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M. Pur flyover and he was waiting for someone and looking around himself. When no one came there then he started going towards the same side from which he came there. Then, the IO with the help of us encircled the said person and apprehended him at about 03:20 PM. At that time 8-10 public persons gathered there. The IO told them about the information and asked them to join the proceedings, but they refused to join them and went away after disclosing their excuses. On inquiry, the name of the said person was revealed. He further deposed that the IO gave signal to HC Dharmender to bring the car at the place where the accused was apprehended. IO apprised the accused about the raiding party and introduced them to the accused. The accused was apprised that his search was to be taken for the purpose of recovery of contraband substance and his search could be conducted in the presence of Magistrate or Gazetted Officer, if he so desire. A notice u/s 50 NDPS Act was also served upon the accused in this regard. The carbon copy of notice was proved as Ex. PW3/A, which bore his signature at point D. The accused had refused to get himself search before the presence of any Gazetted Officer or Magistrate. At the instance of accused, IO recorded his refusal Ex. PW3/B below the carbon copy of notice u/s 50 NDPS Act, which bore his FIR No 41/2017 State Vs. Sunder Singh Page No 23 /39 Digitally signed by ARUL ARUL Date:
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signature at point E because the accused showed inability to write down his reply. The accused was also offered to conduct the search of police party and the government vehicle. The accused refused to take their search and the search of government vehicle. Thereafter, the search of accused was conducted by the IO and he was having a grey and a black colour bag on his shoulder. The same was took over by the IO/ASI Abdul Barkat. The IO checked the bag which was having two pockets. The pocket which was below the first pocket was having written as 'zoo york'. The upper pocket was having zip. Nothing was found in both the pockets of the bag. Then the IO opened the main zip of the bag and the bag was found containing one pillow cover of white colour and the said cover was further found containing one weighty polythene of white colour. The said polythene was having knot over it. On checking the said polythene, it was found battinuma badbudar damp padarth. The IO tested some substance from the said recovered substance on the field testing kit, the said substance was revealed to be 'charas'.The entire substance was in battinuma shapes. The IO weighed the said entire substance and it was found to be 900 grams. IO drew two samples of 'charas' of 50 grams each. Both the samples were converted into white FIR No 41/2017 State Vs. Sunder Singh Page No 24 /39 Digitally signed by ARUL ARUL VARMA VARMA Date:
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cloth parcels and sealed them with the seal of '6BSPNB' and given Mark A and B. Remaining substance was also converted into white cloth parcel by putting the same in the same polythene, pillow cover and then in the bag. Mark C was given to it and it was also sealed with the same seal. The seal was handed over to HC Jitender after use. The IO seized the parcels through the seizure memo Ex. PW3/C, which bore his signature at point C. The IO filled in the FSL form. Thereafter, the IO prepared tehrir. At about 07:20 PM, the said tehrir, three sealed parcels, FSL form and carbon copy of seizure memo were given to him. He was directed by the IO to hand over the tehrir to the duty officer for the registration of the FIR and the remaining items were to be given to the SHO, PS Crime Branch at Malviya Nagar for the proceedings u/s 55 NDPS Act. Accordingly, he took the same alongwith HC Dharmender in the government vehicle. At about 08:10 PM, he reached at PS Crime Branch Malviya Nagar and handed over the tehrir to the duty officer for the registration of the FIR. The remaining items were given to the SHO. The SHO, PS Crime Branch affixed his seal on the parcels and FSL form. The SHO obtained the FIR number from the duty officer and mentioned the FIR number on the parcels and the documents, given by him, to him. The SHO FIR No 41/2017 State Vs. Sunder Singh Page No 25 /39 Digitally signed by ARUL ARUL VARMA VARMA Date:
2023.11.16 14:08:06 -0200 called the MHC(M) ASI Jag Narayan and handed over him the aforesaid items to deposit in the malkhana. He collected the copy of the FIR at about 10:00 PM and took the same to his office at Kotwali Dariyaganj and there he handed over the same to ASI Sudhir for investigation as per the instructions of SHO, PS Crime Branch. ASI Sudhir had taken the copy of the FIR and left for the spot, leaving behind him in the office. At about 05:30 AM, ASI Sudhir returned to the office with the accused and produced the accused before the Insp. Manoj. At around 07:30 AM, his statement was recorded by the IO ASI Sudhir.
15.The relevancy of the witnesses examined are succinctly delineated in the following tabular form:
PW NAME RELEVANCE 1 SI Ram Prasad He was the Duty Officer in PS Crime Branch, who registered the present FIR on the basis of rukka sent by PW-7 ASI Abdul Barkat through PW-3 Ct Jitender. He proved the FIR Ex PW1/A. 2 ASI Jag Narayan He was the MHC(M) and proved the entry made in register no 19 regarding the deposition of case property in the Malkhana. He FIR No 41/2017 State Vs. Sunder Singh Page No 26 /39 Digitally signed by ARUL ARUL Date: VARMA VARMA 2023.11.16 14:08:16 - 0200 also proved the road certificate thorough the sample was sent to FSL and the relevant entries thereof. 3 HC Jitender He was the member of raiding team who apprehended the accused and effected recoveries from him. Seal after use was given to him by the IO. 4 ACP, Sh. Sanjeev Tyagi He was posted as ACP, Crime Branch and proved receipt of reports 57 of NDPS Act. He also proved the DD no 25. 5 ASI Mahesh Chand He was the MHC(M) at Narcotic Cell Kotwarli. He issued the official seal and electronic weighing machine alongwith field testing kit to IO/ASI Abdul Barkat. 6 Inspector Manoj Kumar He was the incharge of Narcotic Cell Crime Branch with whom the secret information was shared and then he conveyed the same to ACP and directed the IO to FIR No 41/2017 State Vs. Sunder Singh Page No 27 /39 Digitally signed by ARUL ARUL VARMA VARMA Date: 2023.11.16 14:08:27 -0200 conduct raid. 7 SI Abdul Barkat He is the first IO of the case who received secret information, conducted investigation leading to arrest of the accused, and effected recoveries from him 8 ACP, Sh Virender Singh He was the SHO of PS Crimes at the relevant time and he conducted the proceedings u/s 55 of NDPS Act. 9 SI Sudhir Kumar He was the second IO to whom investigation was assigned after registration of the FIR. After
completing investigation, he filed the chargesheet.
10 SI Arun Kumar He was the another IO who filed the supplementary chargesheet with FSL result.
11 HC Jitender He was a member of raiding team who apprehended the accused and effected recoveries from him.
STATEMENT OF ACCUSED
16.Accused was examined u/s 313 Cr.PC. In his defence, he averred that he do not know anything about this case and has FIR No 41/2017 State Vs. Sunder Singh Page No 28 /39 Digitally signed by ARUL ARUL Date:
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been falsely implicated in this case. He further deposed he was working in Colonel's Retreat in 2017 as a care taker and room service work. On 19.03.2017 at around 11:00 PM, Abdul Barkat sahab visited Colonel's Retreat and got the meal of five persons packed and started going back without paying money. When he asked for the money, he threatened him that he is from Crime Branch. Accused further stated that he apprised him to pay the money for food, but he started abusing him and threatened him to face dire consequences and went away without paying any money. Accused further deposed that on 21.03.2017 at approximately 03:00 PM, he was going to vegetable market and when he reached on the main road of D-Block, Defence Colony, Abdul Barkat Sahab with the help of two other persons encircled him and put him in their vehicle. Accused also deposed that SI also snatched his purse and mobile phone and got the same switched off. Accused further stated that Abdul Barkat Sahab and others started beating him saying " tujhe ab maja chakhayenge", and thereafter, at around 05:00 PM, they took him to their office at Dariyaganj and told that they had registered one case against him. Accused further stated that on 22.03.2017, in the morning, his brother Pushkar called on his mobile phone and only thereafter, he got to know that he has FIR No 41/2017 State Vs. Sunder Singh Page No 29 /39 Digitally signed by ARUL ARUL Date:
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been implicated in a case of supplying 'charas' and thereafter, in the evening he was produced before the Court. He further deposed that this is a false case and that he is innocent. Further, accused led evidence in his defence. EVIDENCE LED BY ACCUSED IN HIS DEFENCE
17. DW-1 Sh. Saurabh Aggarwal deposed that in March 2017, he was working as Nodal Officer with M/s Vodafone Mobile Services Limited. On 22.09.2017, he had already placed the summon record in pursuance of the notice issued by this Court. Those documents i.e. CAF customer application form, Aadhaar card of Tara Singh applicant, call details record of mobile number 9811069155 and a certificate u/s 65-B of Indian Evidence Act regarding CDR of IMEI numbers 353558077789260 and 353558078429260, he had seen on court file and the same were as per the original records available with M/s Vodafone Mobile Services Limited. The said documents running into nine pages were proved as Ex. DW1/A (colly) and the same are bearing his signature at points A with the seal of company.
18. DW-2 Sh. Pawan Singh, s/o Sh. Kishan Singh deposed that he has been working since 2005 as Nodal Officer with M/s IDEA Cellular Limited (renamed as Vodafone, IDEA, Ltd). On FIR No 41/2017 State Vs. Sunder Singh Page No 30 /39 Digitally signed by ARUL ARUL Date:
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22.09.2017, he had already placed the summon record in pursuance of the notice issued by this Court. Those documents i.e. CAF customer application form, Aadhaar card of Sunder Singh, s/o Sh. Narayan Singh, r/o Ratir Keti, Bageshwar, Uttarakhand, call details record of mobile number 8510901415 and a certificate u/s 65-B of Indian Evidence Act regarding CDR of IMEI numbers 353558077789261 and 353558078429263, he had seen on court file and the same were as per the original records available with M/s Idea Cellular Limited. The said documents running into six pages were proved as Ex. DW2/A (colly) and the same were bearing his signature at points A with the seal of company.
19.DW-3 Sh. Vinod Kumar, S/o Sh. Mata Fer deposed that he has been working with Alfa Studio (shop no. 24, Seva Nagar market, New Delhi-110003) as in-charge of Studio. He had brought the summon record. Bill no. 2020 dated 05.05.2022 and bill no. 2560 dated 18.03.2023 were issued by him for print of color photographs of 14 and 16 photographs respectively. Photographs were proved as Ex. DW 3/A (colly), total 15 photographs (objected to by Ld. Addl. PP for the State). Original bill no. 2020 and 2560 were proved as Ex. DW3/B (colly). The said photographs were of the area under Kotla FIR No 41/2017 State Vs. Sunder Singh Page No 31 /39 Digitally signed by ARUL ARUL Date:
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Mubarakpur and the nearby area. He further deposed that he could identify the places shown in the said photographs i.e. Kotla Mubarakpur flyover, MCD office under the flyover, swimming pool, the police booth, Shiv Mandir and Sister Nivedita Sarvoday Kanya Vidyalaya, situated nearby Kotla Mubarakpur flyover, A-Block, Defence Colony. ARGUMENTS OF LD. ADDL. PUBLIC PROSECUTOR FOR THE STATE AND LD. DEFENCE COUNSEL
20. Sh. M.K Sharma Ld. Counsel for accused submitted that the accused ought to be exonerated primarily on the ground that there has been non compliance of Section 52 A of NDPS Act inasmuch as the samples of the seized contraband items were not drawn before the Ld Magistrate. Ld. Counsel for accused placed reliance on Yusuf @ Asif Vs State SLP (Crl) No 3010 of 2023 dated 13.10.2023, passed by Hon'ble Supreme Court of India.
21.Per contra, Sh. Wasi-Ur- Rahman, Ld. Addl PP for State submitted that it is merely an irregularity in the procedure of drawing the samples. Ld. Addl PP for State further submitted that the IO ought to have complied with the provision of Section 52A of NDPS Act and the mandate of the Hon'ble Supreme Court of India as laid down in Yusuf @ Asif (supra). FIR No 41/2017 State Vs. Sunder Singh Page No 32 /39 Digitally signed by ARUL ARUL Date:
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STATEMENT OF REASONS FOR THE DECISION
22. At this juncture, it would be apt to peruse the following testimony of PW- 3 HC Jitender who deposed as thus:
"IO requested the public persons to join the search and proceedings but none of them agreed and left the place. The pitthu bag carried b the accused was checked. It found containing one white colour pillow cover and a polythene containing black colour substance. The substance was checked and tested with the help of field testing kit and it found to be charas. On measuring on electronic weighing machine, it found to be 900 grams. Two samples of 50 gram each was taken out and sealed it two pullandas after keeping them in transparent polythene and marked as A and B. The remnant was also sealed in the said pillow cover and bag in the pullanda. All the three pullandas were sealed with the seal of 6B PSNB Delhi. FSL form was also filled with specimen seal. Seal after use was handed over to me. The seal pullandas were seized vide memo now Ex. PW3/C bearing my signature at point A. Thereafter, IO prepared the rukka and handed over the same to Ct. alongwith sealed pullandas, carbon copy of seizure memo and FSL form at around 07.20pm for registration of the FIR and handed over the pullanda and documents to the SHO. He took the abovesaid pullandas and documents in the official Zypsy."
23.Further, in his cross-examination PW-3 HC Jitender also avowed that samples were taken from each batti and samples were sealed by IO ASI Abdul Barkat. Thus, this witness categorically overruled the sampling before a Ld. Magistrate in compliance of Section 52A of NDPS Act. Therefore, the above FIR No 41/2017 State Vs. Sunder Singh Page No 33 /39 Digitally signed by ARUL ARUL Date:
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testimony makes it explicit that the samples were drawn on the spot. Nowhere the witness submitted that the contraband was seized or it was produced before the Ld. Magistrate in compliance of Section 52 A of NDPS Act for the purposes of drawing samples therefrom. Further, it would be pertinent to peruse the testimony of PW- 7 ASI Abdul Barkat, who also corroborated the version of PW-3 HC Jitender:
"I requested the public persons/passersby there to join the search proceedings but none of them agreed and left the place. The pitthu bag/thaila carried by the accused was checked be me. It found containing one white colour pillow cover and a polythene containing black colour substance. The substance was checked and tested with the help of field testing kit by me and it was found to be Charas. On measuring on electronic weighing machine, charas kept in polythene weighed to be 900 grams in total. I separated two samples of 50 gram each and sealed them separately into two pullandas after keeping them in transparent polythene and marked as A and B. The remnant case property/charas was also sealed in the said pillow cover and bag after converting it to in a white cloth pullanda. All the three pullandas were sealed with the seal of '6B PSNB DELHI'. I filled FSL form using the same seal. Seal after use was handed over to HC Jitender. The seal pullandas were seized vide memo Ex. PW3/C bearing my signature at point B. Thereafter, I prepared the rukka Ex.PW7/B bearing my signature at point B and handed over the same to Ct. Jitender alongwith all three sealed pullandas, carbon copy of seizure memo and FSL form at around 07.20 pm with direction to hand over rukka to DO for registration of the FIR and handed over the pullanda and documents to the SHO in compliance of Sec. 55 of NDPS Act."
24.Further, the other recovery witness namely PW-11 HC Jitender No 434, also substantiated the version of PW- 3 HC Jitender FIR No 41/2017 State Vs. Sunder Singh Page No 34 /39 Digitally signed by ARUL ARUL Date:
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and PW-7 IO/ASI Abdul Barkat. His testimony is reproduced hereunder:
"Thereafter, the search of accused was conducted by the IO and he was having a grey and a black colour bag on his shoulder. The same was took over by the IO/ASI Abdul Barkat. The IO checked the bag which was having two pockets. The pocket which was below the first pocket was having written as 'zoo york'. The upper pocket was having zip. Nothing was found in both the pockets of the bag. Then the IO opened the main zip of the bag and the bag was found containing one pillow cover of white colour and the said cover was further found containing one weighty polythene of white colour. The said polythene was having knot over it. On cheking the said polythene, it was found battinuma badbudar damp padarth.
The IO tested some substance from the said recovered substance on the field testing kit, the said substance was revealed to be 'charas'.The entire substance was in battinuma shapes. The IO weighed the said entire substance and it was found to be 900 grams.
IO drew two samples of 'charas' of 50 grams each. Both the samples were converted into white cloth parcels and sealed them with the seal of '6BSPNB' and given Mark A and B. Remaining substance was also converted into white cloth parcel by putting the same in the same polythene, pillow cover and then in the bag. Mark C was given to it and it was also sealed with the same seal. The seal was handed over to HC Jitender after use. The IO seized the parcels through the seizure memo Ex. PW3/C, which bears my signature at point C. The IO filled in the FSL form.
Thereafter, the IO prepared tehrir. At about 07:20 PM, the said tehrir, three sealed parcels, FSL form and carbon copy of seizure memo were given to me. I was directed by the IO to hand over the tehrir to the duty officer for the registration of the FIR and the remaining items were to be given to the SHO, PS Crime Branch at Malviya Nagar for the proceedings u/s 55 NDPS Act. Accordingly, I took the same alongwith HC Dharmender in the government vehicle.
FIR No 41/2017 State Vs. Sunder Singh Page No 35 /39 Digitally signed by ARUL ARUL VARMA VARMA Date:
2023.11.16 14:10:18 -0200 At about 08:10 PM, I reached at PS Crime Branch Malviya Nagar and handed over the tehrir to the duty officer for the registration of the FIR. The remaining items were given to the SHO. The SHO, PS Crime Branch affixed his seal on the parcels and FSL form. The SHO obtained the FIR number from the duty officer and mentioned the FIR number on the parcels and the documents, given by me, to him. The SHO called the MHC(M) ASI Jag Narayan and handed over him the aforesaid items to deposit in the malkhana.
I collected the copy of the FIR at about 10:00 PM and took the same to my office at Kotwali Dariyaganj and there I handed over the same to ASI Sudhir for investigation as per the instructions of SHO, PS Crime Branch. ASI Sudhir had taken the copy of the FIR and left for the spot, leaving behind me in the office. about 05:30 AM, ASI Sudhir returned to the office with the accused and produced the accused before the Insp. Manoj. At around 07:30 AM, my statement was recorded by the IO ASI Sudhir."
25.Thus, it is apparent that the samples were drawn immediately at the spot after the seizure of contraband item from the accused and they were not drawn before the Ld. Magistrate.
26.At this juncture, it would be germane to reproduce the relevant extracts of verdict of Hon'ble Supreme Court of India laid down in Yusuf @ Asif (supra), whereby the Hon'ble Apex Court has opined as thus:
"12. A simple reading of the aforesaid provisions, as also stated earlier, reveals that when any contraband/narcotic substance is seized and forwarded to the police or to the officer so mentioned under Section 53, the officer so referred to in sub7 section (1) shall prepare its inventory with details and the description of the seized substance like quality, quantity, mode of packing, numbering and identifying marks and FIR No 41/2017 State Vs. Sunder Singh Page No 36 /39 Digitally signed by ARUL ARUL Date:
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then make an application to any Magistrate for the purposes of certifying its correctness and for allowing to draw representative samples of such substances in the presence of the Magistrate and to certify the correctness of the list of samples so drawn.
13. Notwithstanding the defence set up from the side of the respondent in the instant case, no evidence has been brought on record to the effect that the procedure prescribed under subsections (2), (3) and (4) of Section 52A of the NDPS Act was followed while making the seizure and drawing sample such as preparing the inventory and getting it certified by the Magistrate. No evidence has also been brought on record that the samples were drawn in the presence of the Magistrate and the list of the samples so drawn were certified by the Magistrate. The mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient compliance of the mandate of subsection (2) of Section 52A of the NDPS Act.
14. It is an admitted position on record that the samples from the seized substance were drawn by the police in the presence of the gazetted officer and not in the presence of the Magistrate. There is no material on record to prove that the Magistrate had certified the inventory of the substance seized or of the list of samples so drawn.
15. In Mohanlal's case, the apex court while dealing with Section 52A of the NDPS Act clearly laid down that it is manifest from the said provision that upon seizure of the contraband, it has to be forwarded either to the officer incharge of the nearest police station or to the officer empowered under Section 53 who is obliged to prepare an inventory of the seized contraband and then to make an application to the Magistrate for the purposes of getting its correctness certified. It has been further laid down that the samples drawn in the presence of the Magistrate and the list thereof on being certified alone would constitute primary evidence for the purposes of the trial.
16. In the absence of any material on record to establish that the samples of the seized contraband were drawn in the presence of the Magistrate and that the inventory of the seized contraband was duly certified by the Magistrate, it is apparent that the said seized FIR No 41/2017 State Vs. Sunder Singh Page No 37 /39 Digitally signed by ARUL ARUL Date:
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contraband and the samples drawn therefrom would not be a valid piece of primary evidence in the trial. Once there is no primary evidence available, the trial as a whole stands vitiated."
27. The above verdict makes it abundantly explicit that in case the samples of the seized contraband are not drawn in the presence a Magistrate, the seized samples and contraband would not be a valid piece of evidence before the Court. In the present case too, the samples were not drawn before the Magistrate as is apparent from the testimonies of PW-3 HC Jitender, PW-7 IO/ASI Abdul Barkat, and PW-11 HC Jitender.
CONCLUSION
28.Ergo, in view of the reasons hereinabove discussed in extenso, this Court is of the considered view that there has been non compliance of Section 52 A of NDPS Act as laid down by Hon'ble Supreme Court of India in Yusuf @ Asif (supra), and accused Sunder Singh is therefore acquitted for the offence punishable under Section 20 (b) (ii) (B) of NDPS Act.
29. However, in view of the submissions of Ld. Addl PP for State, let copy of this judgment as well as copy of Hon'ble Supreme Court verdict in Yusuf @ Asif Vs State SLP (Crl) No 3010 of 2023 dated 13.10.2023, be sent to Worthy Commissioner of Police, Delhi Police, to sensitize the police force qua strict FIR No 41/2017 State Vs. Sunder Singh Page No 38 /39 Digitally signed by ARUL ARUL Date:
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compliance of Section 52 A of NDPS Act, 1985.
ARUL Digitally signed by ARUL VARMA Announced in the open court VARMA 14:10:58 -0200 Date: 2023.11.16 on 16.11.2023 (ARUL VARMA) ASJ-04 & Spl. Judge (NDPS) South-East District Saket Courts, New Delhi FIR No 41/2017 State Vs. Sunder Singh Page No 39 /39