AZEEM HUSSAIN Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS is an appeal against the Judgment dated 9th August, 99 and Order On sentence dated 11th August, 1999, whereby the appellant was convicted under sections 21 of NDPS Act and was sentenced to undergo RI for 10 years and to pay a fine of Rs. 1,00,000/- or to undergo RI for 1 year in default of payment of fine.

(2.) THE case of the prosecution, in brief, is that on 13. 6. 97, the appellant was apprehended at Bus Stand, Welcome, G. T. Road, pursuant to a secret information received by the police. A notice under Section 50 of NDPS Act was given to him offering him to be searched before a Gazette officer or a Magistrate. The offer having been declined, the appellant was searched by the police officials and 60 gms of smack was recovered from the right site pocket of his pant.

(3.) THE prosecution examined 9 witnesses in support of its case. 2 witnesses were examined in defence. PW-8 SI Prem Chand has stated that on 13. 6. 97, he received an information that a person named Azeem, who indulged in sale of smack would be coming to bus stand G. T. Road, Welcome, to supply smack. He thereupon organized a raiding party and reached the spot. Some passersby were requested by him to join the raiding party, but, no one agreed. At about 3. 20 pm, the appellant was apprehended while sitting on the bus stop. Notice under section 50 of NDPS Act, Ex. PW-1/a, was given to him explaining to him that they had information that he was having smack in his possession and if he so desired, his search could be conducted before a Gazette Officer or a magistrate. The appellant, however, declined the offer. PW-8 also offered his own search to the appellant, which was declined by him. Thereafter, he searched the appellant and found one polythene packet of yellow colour from the right side pocket of his pant. It contained one sheet of transparent colour containing light brown colour powder. On smell, he could make out that it was smack. He examined the substance with the help of a testing kit and found it to be smack. 5 gms of the smack was taken as sample. The remaining smack was put in a different polythene. The parcel containing sample was give Mark A, whereas the parcel containing the remaining substance was given Mark B. Form CFSL was filed and both the parcels were seized after being sealed with the seal of PCK. The same seal was also put on CFSL form.