Indian Kanoon - Search engine for Indian Law

1. All the three accused namely, Chijoke Smith Okpe S/o Mr. Okpe, Akhil Dass S/o Masih Dass and Marina D/o S.C.No. 9/10 Page 1 of 23 pages State Vs Chijoke Smith Okpe etc. Thalinruma have been sent to face trial under NDPS Act for having entered into criminal conspiracy for supply of controlled substance (ephedrine) and consequent to that accused Chijoke Smith and Akhil Dass were found exchanging the same with conscious possession of ephedrine as punishable u/s 25­A read with section 29 NDPS Act.

2. The prosecution case is that on 25.05.2010, a secret information was received by SI Satyawan of Narcotics Cell through secret informer to the effect that one Nigerian national namely, Smith resident of Madhya Pradesh, who is involved with one Asif in bringing ephedrine from Madhya Pradesh and further sends to South Africa through Delhi, would be coming with his girl friend, with heavy quantity of ephedrine in order to supply the same and he can be apprehended at the gate of St. Stephen's Hospital. The secret information was reduced into writing and also transmitted to the senior officers and on their directions the raiding party was constituted consisting of HC Ramesh, W/HC Rama, Ct. Jogender, Ct. Sohan Pal and the raiding party proceeded to the spot alongwith informer. The raiding party reached the spot at about 3.20 p.m. and took positions. At 3.35 p.m., accused Chijoke Smith, Nigerian national was seen coming carrying blue bag on his right shoulder and one black bag in his left hand and was accompanied by a North Eastern girl. Both of them stood near the main gate and about 2­3 minutes thereafter another boy namely Akhil Dass (third accused) came from Tis Hazari side and started conversing with Chijoke S.C.No. 9/10 Page 2 of 23 pages State Vs Chijoke Smith Okpe etc. Smith. Accused Chijoke Smith then handed over blue bag to Akhil Dass, who hung the bag on his left shoulder and when all the three started moving back, they were apprehended by the raiding party. The secret information was revealed to the three accused and notice u/s 50 NDPS Act was served upon each of them to which they recorded their refusal. Firstly, the black colour bag carried by Smith was opened and checked and it was found containing shiny powder which on testing with field testing kit came out to be ephedrine. On weighing, the substance was found 6 kg out of which 2 samples of 25 grams each were drawn and thereafter the samples as well as main contraband were sealed into pulandas. FSL form was filled up and the contraband was seized. Then the blue bag carried by accused Akhil Dass was checked and it was also found having ephedrine weighing about 3.5 kg. The same procedure of sampling, sealing and seizure was done and also the FSL form was filled up with respect to the second recovery. Thereafter, the search of third accused Marina was taken but nothing incriminating could be recovered from her. The rukka was prepared and was sent for registration of FIR and case property was also sent to SHO, who counter sealed the same and deposited with malkhana. Thereafter, the investigation was taken over by SI Rajbir, who reached the spot and interrogated the accused, prepared the site plan and arrested them in this case. The samples were sent for FSL analysis and on completion of investigation and compliance to other provisions of NDPS Act, the charge sheet was submitted.

15. PW­10 Dr. Madhulika Sharma, Assistant Director, proved the FSL report of the samples vide EX PW­10/A. During cross­examination, she denied that she has given false report on the instructions of investigating officer. She further stated S.C.No. 9/10 Page 9 of 23 pages State Vs Chijoke Smith Okpe etc. that the samples were exclusively ephedrine. She had used gaschromatography to ascertain the nature of substance. The samples were not received without FSL forms. She denied that FSL form was not received but admitted that same is not mentioned on the acknowledgment EX PW­5/C.

21. The accused persons have been prosecuted for having entered into a criminal conspiracy to supply controlled substance and consequently accused Smith and Akhil Dass were found in conscious possession of controlled substance. The notification dated 28.12.1999 is placed on record which has declared ephedrine as controlled substance. The power flows from section 9 of NDPS Act to the Central Government to permit, control and regulate various activities relating to Narcotics Drugs and psychotropic substances and the violation of the same has been made punishable u/s 25­A NDPS Act. Since, charge under the Act is serious and stringent punishment is prescribed, the obligation to ensure the safeguards provided under the Act is absolute. It is to be seen whether the mandatory and directory provisions under NDPS Act have been complied with.