Delhi District Court
State vs . Yadul Shekh 1 Of 9 on 15 January, 2013
IN THE COURT OF MR. UMED SINGH GREWAL
ADDL. SESSIONS JUDGE/SPECIAL JUDGE (NDPS)
OUTER DISTRICT:ROHINI COURTS:DELHI
SC No.61/2012
FIR No.363/2012
PS Narela
U/s 21/61/85 NDPS Act
State
Vs.
Yadul Shekh,
S/o Late Salim Shekh
R/o H.No.B28, J.J. Colony,
Bawana, Narela,
Delhi.
Date of institution:21.08.2012
Date when arguments concluded:15.01.2013
Date when Judgment pronounced:15.01.2013
Appearances: Ms. Purnima Gupta, APP for the State.
Ms. Sunita Tiwari, Counsel for accused.
JUDGMENT
1. The accused has been forwarded by police to face trial State vs. Yadul Shekh 1 of 9 u/s 21 of NDPC Act for being in possession of 16 gms. smack.
2. Facts of the case are that an informer was produced by SI Manoj Kumar before SHO Insp. Abhinendra Jain on 10.07.2012 who told that a person wearing Saleti Tshirt and Badami pant shall come near Hanuman temple, Bblock with smack. A raiding party of SI Manoj Kumar, Ct. Vijay, HC Rajesh and Ct. Narain was formed which intercepted the accused on that day at the given place at 4.35 P.M. He was given introduction of the police party and was also told about the secret information. Notice u/s 50 of NDPS Act was given and he was also given option to search HC Rajesh Kumar but he declined both offers and reposed full faith in the police. Thereafter, he was searched by HC Rajesh Kumar and 16 gms smack was recovered from a transparent polythene which he was carrying in the right pocket of his pant. Two samples of 2 gms. each were separated and serial No.1 and 2 given to them. The subsequent investigation was done by SI Kamal Singh. Both samples were sent to FSL which confirmed that those were of smack and contents were Diacetylmorphine and Phenobarbital.
3. Charge u/s 21(b) of NDPS Act was framed against accused on 25.09.2012 to which he claimed trial.
State vs. Yadul Shekh 2 of 9
4. In order to substantiate the charge, the prosecution agency examined eight witnesses. The accused confessed the crime and further evidence was stopped.
5. PW1 Ct. Narender was the computer operator in PS Narela on 10.07.2012 and he recorded FIR Ex.PW1/A on that day at 6.45 P.M. PW4 MHCM HC Rajesh deposed that Insp. Abhinendra Jain deposited three pullandas with him on 10.07.2012, all having seals of MS and AJ along with FSL form having same seal and he made entry No.371/12 Ex.PW4/A in register No.19. On the same day, second IO SI Kamal Singh deposited with him personal search articles of the accused and he made relevant entry against the main entry. He further deposed that on 25.07.2012, he handed over two sample pullandas having seals of AJ and MS along with FSL form to Ct. Narain for depositing the same at FSL vide RC Ex.PW4/B. After deposit, Ct. Narain handed him over receipt acknowledgment Ex.PW4/C. Ct. Narain and PW4 did not tamper with the case property till it was in their possession. FSL result was received in the PS on 22.08.2012 which PW4 handed over to the second IO SI Kamal Singh. PW5 Ishwar Singh was the duty officer on 10.07.2012. At 6.45 P.M. on State vs. Yadul Shekh 3 of 9 that day, on receipt of rukka brought by Ct. Vijay sent by SI Manoj Kumar, he got recorded FIR on computer through PW1 and made endorsement Ex.PW5/A on the rukka. PW7 Insp. Abhinendra Jain deposed that SI Manoj produced an informer before him on 10.07.2012. Informer told him that a person wearing Saleti Tshirt and Badami pant would come with smack near Hanuman temple, J.J. Colony, Bawana to go the Bblock, J.J. Colony between 4.00 to 5.00 P.M. After verifying the information from the informer PW7 passed the same to ACP of the area. Secret information was reduced into writing in the form of DD No.20A Ex.PW7/A. PW7 further deposed that on the same day, SI Manoj produced three sealed pullandas bearing numbers 1, 2 & 3 with FSL form, all having seals of MS, with a carbon copy of seizure memo of the smack. After inquiring the FIR number from the duty officer, he put the same number on the case property pullandas, FSL form and seizure memo. After affixing his own seal of AJ on case property pullandas, FSL form, he deposited those articles with the MHCM and recorded DD No.38A Ex.PW7/B at 9.30 P.M. He further deposed that second IO SI Kamal Singh produced accused before him at 10.45 P.M. and after inquiry, his arrest was found State vs. Yadul Shekh 4 of 9 justified. SI Kamal Singh produced report u/s 57 of NDPS Act before PW7 on 11.07.2012 about the arrest of accused and seizure of smack from him and PW7 forwarded that report to ACP, Alipur. Carbon coy of that report is Mark PW7/A. PW8 SI Kamal Singh, second IO deposed that on 10.07.2012 at 7.25 P.M., Ct. Vijay handed him over original rukka Ex.PW8/A and carbon copy of FIR for further investigating the case. He along with Ct. Vijay reached the spot in a private car where SI Manoj handed him over all relevant documents and accused and he prepared rough site plan Ex.PW2/DA. He recorded the statement of SI Manoj who left the spot with three pullandas of the case property. He arrested the accused vide arrest and personal search memo Ex.Pw2/D and Ex.PW2/E. From the personal search of the accused, original notice Ex.P1 u/s 50 of the Act and cash of Rs.130/ were recovered. He recorded disclosure statement Ex.PW2/F of the accused and thereafter, took him to SRHC hospital for medical examination. Next day, he sent report Mark PW7/A u/s 57 of NDPS Act to ACP, Alipur through PW7.
6. PW2 Ct. Narain Singh, PW3 HC Rajesh and PW6 Ct. Vijay Prakash are all recovery witnesses and they deposed as per State vs. Yadul Shekh 5 of 9 rukka Ex.PW8/A. They have corroborated on each and every material point. Secret information was reduced into writing vide DD No.20A Ex.PW7/A and thereafter, police party reached the spot. The informer pointed out towards the accused and he was apprehended. These witnesses further deposed that SI Manoj Kumar introduced the police party with the accused and also told him about the secret information. He was told that he had a legal right to be searched in the presence of GO or Magistrate and if he wanted, his search can be conducted in the presence of those officers. In this regard, original notice Ex.P1 was given to accused and carbon copy Ex.PW2/A was retained by the IO. The accused refused to avail this offer vide refusal reply Ex.PW2/B. Then, he was told by the IO that he can search HC Rajesh before his search as he (accused) was to be searched by HC Rajesh but accused did not avail this offer. Thereafter, the accused was searched and a transparent polythene was recovered from his right pant pocket which he handed over to SI Manoj. On opening the same, SI Manoj found it containing 16 gms. smack. These three recovery witnesses further deposed that two samples of 2 gms. each were separated and serial Nos.1 & 2 were given to them. Serial No.3 State vs. Yadul Shekh 6 of 9 was given to the remnant smack. FSL form was filled up at the spot. All articles were sealed with the seal of MS and after use, the seal was handed over to PW3 HC Rajesh Kumar. These articles were taken into possession vide seizure memo Ex.PW2/C. Rukka was sent to the PS through Ct. Vijay.
7. Till 14.01.2013, police had examined three recovery witnesses and only one recovery witness i.e. first IO SI Manoj Kumar was remaining to be examined. At that stage, accused made confession that on 10.07.2012 at 4.35 P.M. at Bblock, near Nagar Nigam Prathmik Bal Balika School, J.J. Colony, Bawana, Narela, Delhi, he was found in possession of 16 gms. smack by SI Manoj Kumar, Ct. Narain Singh and HC Rajesh. He further confessed that he was wearing Saleti Tshirt and Badami pant and was apprehended by SI Manoj Kumar with the help of HC Rajesh. He admitted that notice was given to him to the effect if he wanted to be searched in the presence of GO or Magistrate, such search could be conducted but he declined. Thereafter, he was searched by HC Rajesh and a transparent polythene was recovered from his right pant pocket which was handed over to SI Manoj. He confessed in broad terms that the polythene was containing smack State vs. Yadul Shekh 7 of 9 and it was 16 gms.
8. As per FSL report Ex.PX, both samples were of smack. Percentage of Diacetylmorphine and Phenobarbital in sample No.1 was 14.2 and 2.3 whereas in sample No.2, it was 16.1 and 2.4.
9. The first IO SI Manoj Kumar was not examined because three recovery witnesses had already been examined by the police. These recovery witnesses have corroborated each other. Their actions have been vindicated by documents like original notice Ex.P1, carbon copy of notice Ex.PW2/A, seizure memo of smack Ex.PW2/C, refusal reply Ex.PW2/B, written secret information Ex.PW7/A. Action of SHO PW7 has been corroborated by DD No.38A Ex.PW7/B. He deposited two sample pullandas and remaining case property with PW4 who made entry Ex.PW4/A in register No.19. Both samples were sent to FSL by PW4 through Ct. Narain vide RC Ex.PW4/B and acknowledgment Ex.PW4/C. Samples reached FSL in intact condition as stated in FSL report Ex.PX. Depositions of these recovery witnesses have further been corroborated by confession of the accused recorded in the presence of his counsel.
10. In view of above discussion, the accused Yadul Shekh is State vs. Yadul Shekh 8 of 9 held guilty for the offence u/s 21(b) NDPS Act and he is convicted accordingly. He shall be heard on point of sentence separately.
Announced in the Open Court on 15th day of January, 2013.
(UMED SINGH GREWAL) ASJ/Special Judge (NDPS) Outer Distt: Rohini Courts: Delhi State vs. Yadul Shekh 9 of 9 IN THE COURT OF MR. UMED SINGH GREWAL ADDL. SESSIONS JUDGE/SPECIAL JUDGE (NDPS) OUTER DISTRICT:ROHINI COURTS:DELHI SC No.61/2012 FIR No.363/2012 PS Narela U/s 21/61/85 NDPS Act State Vs. Yadul Shekh, S/o Late Salim Shekh R/o H.No.B28, J.J. Colony, Bawana, Narela, Delhi.
Date of institution:21.08.2012 Date when arguments concluded:15.01.2013 Date when Judgment pronounced:15.01.2013 15.01.2013 ORDER ON SENTENCE Present: Ms. Purnima Gupta, APP for the State.
Ms. Sunita Tiwari, Counsel for convict.
State vs. Yadul Shekh 10 of 9 Convict produced from JC.
Argument on point of sentence heard.
1. The convict has already been held guilty u/s 21(b) of NDPS Act for being in possession of 16 gms. smack.
2. Ld. Defence counsel argued that except present case, the accused has clean antecedents. He is a young man.
3. The accused is in JC since 10.07.2012. Taking into account all these facts, the convict is hereby sentenced to imprisonment already undergone and fine of Rs.5,000/ (Rupees Five Thousand only) is imposed. In default of payment of fine, he shall further undergo SI for one and a half month.
4. Benefit of 428 Cr.PC be given to him.
5. Fine not deposited.
6. A copy of judgment and order on sentence be given to convict dasti.
7. File be consigned to Record Room.
Announced in the Open Court on 15th day of January, 2013.
(UMED SINGH GREWAL)
ASJ/Special Judge (NDPS)
Outer Distt: Rohini Courts: Delhi
State vs. Yadul Shekh 11 of 9