B.N. CHATURVEDI, J. - (1.)The appellants, namely, Karam Chand, Narain Singh, Bhim Singh, Narender Kumar and Lagan Singh, faced trial for being in unlawful possession of Charas in different quantities and each one of them was convicted under Section 20 of the NDPS Act and sentenced to 12 years RI and a fine of Rs.1 lakh, in default two years RI.
(2.)The prosecution case unfolds that on 11th of December, 1993, at about 4.45 p.m. a secret information was received by Insp.J.S.Rana at N and CP Cell, Kamla Market, Delhi that four persons possessing a large quantity of Charas would be arriving in a Gypsy No.HP-2 3342 between 6.45 and 7.45 p.m. to effect supply thereof in front of Oasis Hotel in Pitam Pura, Delhi. The information was recorded in Daily Diary. Insp.J.S.Rana apprised Shri B.C.Kalra, ACP/Headquarters and CP Cell of the same. In terms of a direction by ACP B.C.Kalra, a raiding party comprising police officials was organised which proceeded to the given place and reached there at 6.10 p.m. in two official vehicles. The informer also accompanied the raiding party. On reaching Oasis Hotel, Insp.J.S.Rana tried to associate some of the passersby and employees of Hotel Oasis as members of the raiding party but nobody came forward. A wait for sometime yielded result when arrival of the appellants, Karam Chand, Narain Singh, Bhim Singh and Narender Kumar, carrying bags, was noticed on the pavement in front of Oasis Hotel. They were surrounded by the raiding party and made aware of the information received by the police. Each one of them was served with a notice under Section 50 of the NDPS Act. On being so offered, none of them exercised his right of being searched before a gazetted police officer or a Magistrate. On search, a bag held by appellants, Narain Singh and Bhim Singh, from either side, led to recovery of 12 kgs. of Charas. Out of the lot, one kilogram was taken out as sample. The sample and the remaining Charas were packed and sealed separately. The polythene bags being carried by the appellants, Karam Chand and Narender Kumar respectively in their hands, were on checking found to contain Charas weighing 2 kgs. each. 200 gms. was taken out as sample from each lot and the samples as well as remaining Charas were duly packed and sealed. The seal after use was handed over to SI Ravinder Kumar. All the sealed parcels were taken into possession by the police and got deposited in the Malkhana of PS Shalimar Bagh along with CRCL forms. A RUKKA was sent to the police station for registration of a case and on the basis thereof an FIR was registered. All the aforesaid four appellants were eventually arrested. On interrogation, appellant, Karam Chand, disclosed that apart from the Charas that was recovered, 3 kgs. of Charas was being possessed by his another associate, namely, Lagan Singh-appellant, and a furhter 10 kg. was lying in the dickey of his Gypsy, which he could get recovered. The police party, accordingly, led by appellant, Karam Chand, reached a place near Madhuban Chowk where his Gypsy had been parked. Lagan Singh-appellant was found sitting on the front seat of the Gypsy beside driver seat. He was apprehended and after serving him with a notice under Section 50 of the NDPS Act, on his search, from a blanket lying over his thighs, 3 kgs. of Charas was recovered, out of which 200 gms. were taken out as sample and the sample as well as remaining Charas were packed and sealed. Besides, at the instance of appellant-Karam Chand, from the dickey of his Gypsy, 10 kgs. of Charas was recovered. One kg. of Charas was lifted out of the same as sample. The sample and balance Charas were put into sealed parcels. All the said sealed parcels were taken into possession by the police. Appellant-Lagan Singh was arrested and the Gypsy was sezied by the police. All the above referred sealed parcels along with CRCL forms filled up at the spot, were handed over to SI Panna Lal to get the same deposited in the Malkhana of PS Shalimar Bagh, Delhi. The samples along with CRCL forms were later sent to CRCL, Pusa Road, Delhi and on analysis of respective samples the same were opined to be Charas.
(3.)At the trial, all the five appellants were jointly charged under Section 29 r/w Section 20 of the NDPS Act. Narain Singh and Bhim Singh, appellants were further jointly charged under Section 20 of the NDPS Act. Remaining three appellants, namely, Karam Chand, Narender Kumar and Lagan Singh were individually charged under Section 20 of the Act. All of them pleaded not guilty to the aforesaid charges.