Order 18

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF ASJ/SPECIAL JUDGE/NDPS
PATIALA HOUSE COURTS, NEW DELHI
Presided by: Sudhir Kumar Sirohi, DHJS
SC No. 44/2022
FIR No. 206/2021
PS Special Cell
State Vs. Shahnawaj Hussain and Ors.
18.09.2023
Present: Sh. Shiv Kumar, Ld. Additional PP for the State.
Mr. Rajesh Kaushik, Ld. counsel for accused Khalil
Ahmed.
All accused from JC.
IO Insp. Anukul in person.
Brief facts of the case are that on 05/08/2021, a
secret information was received by SI Surender Singh that one
Shahnawaj Hussain resident of Bareilly, UP who indulged in
drug trafficking and he used to supply heroin on the directions of
one Khalil @ Doctor resident of Rampur, UP after procuring it
from North-East, would come near Hyundai Showroom, Main
Road, Rajapuri, Delhi in truck No. UP-25BT-9936 between
05:30 AM to 09:00 AM to supply heroin to one Sachin resident
of Rajapuri, Delhi. The said information was immediately lodged
on a separate piece of paper by SI Surender Singh and
subsequently, SI Surender informed Insp. Kuldeep Singh, who
after his satisfaction conveyed the said information to Shri Jasbir
Singh, ACP/Spl.Cell/NR through telephone who directed to take
necessary action as per law and also authorized SI Surender
Singh to conduct raid, search and seizure the contraband.
Information recorded was put up before Inspr. Kuldeep Singh in
compliance of section-42 of NDPS Act, who forwarded these
documents to ACP/Spl. Cell/NR. A raiding party led by SI
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Surender Singh consisting of other members of team was
organized and a trap was laid near Hyundai Showroom, Main
Road, Rajapuri, Delhi where Shahnawaj arrived at about 08:40
AM in his Truck No. UP25BT-9936 and he was carrying a black
colour pitthu bag in his hand and after 05 minutes Sachin arrived
at the spot on a Mahroon colour Scooty No. DL8SCX-2705 and
he stopped near truck and went to truck driver. Truck driver
handed over a green colour polythene to Sachin after taking out
from his pitthu bag. Police team surrounded the above persons
and apprehended them. After giving introduction of police party
and after telling them about secret information, accused
Shahnawaj and Sachin were served notices u/s 50 NDPS Act.
Shri Jasbir Singh, ACP/NR was called on the spot. In presence of
ACP/NR, search of green colour polythene of Sachin, which was
given to him by Shahnawaj, was conducted and during search 02
kgs heroin was recovered. Thereafter, search of black colour
pitthu bag of Shahnawaj was conducted and during search a
transparent polythene was found in which 03 kgs of heroin was
recovered. Thereafter, Truck of Shahnawaj was searched and
during search, a yellow colour poly bag was found from behind
the driver seat in which 05 kgs heroin was recovered.Sachin
disclosed that he used to procure heroin from one Razzak,
resident of Manipur through his carrier Shahnawaj Hussain. On
05/08/2021, secret information was received that petitioner
Razzak, who is wanted in above said case along with his
associate would come near Sunheri Masjid, Netaji Subhas Marg,
Delhi to meet someone and if raid be conducted he can be
arrested and narcotics substance could be recovered from his
possession. A team led by SI Sajeevan duly authorised by
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ACP/NR to conduct legal proceedings, laid a trap near Sunheri
Masjid area and at about 08:40 PM, where two persons came
from Daryaganj side and stopped near corner of T-Point, Netaji
Subhas Marg, Delhi. They were apprehended with the help of
staff. After serving them Notice u/s 50 NDPS Act their search
was taken and 02 kgs heroin was recovered from their possession
i.e. 01 kgs heroin from petitioner Abdul Razzak and 01 kgs
heroin from Mohd Idrish. Mohd Abdur Rajjak disclosed that he
had supplied 10 kgs heroin to Shahnawaj to supply the same to
Sachin in Delhi. In pursuance of disclosure of arrested persons
Shahnawaj and Rajjak, on 06/08/21 a team led by SI Anukul
along with other team members and arrested accused Shahnwaj
Husaain reached Muradabad (UP), where SI Parveen along with
staff also joined them for investigation of present case. Accused
Khalil Ahmad was apprehended upon a specific information and
identification of accused Shahnawaj. A Notice U/s- 50 NDPS Act
was served to him and after recording his refusal, his search was
conducted but no incriminating substance was recovered from his
possession. His mobile phones were seized through seizure
memo, accused Khalil Ahmad disclosed that he used to receive
supply of heroin from Razzak of Manipur through different
carriers including Shahnawaj Hussain. Recovered Heroin from
accused persons Mohd Abdur Razzak and Mohd Idrish Ali in the
present case was also returned by Khalil Ahmed. In pursuant of
disclosure statement of accused persons Shahnawaj and Rajjak,
on 06/08/21 a team lead by me along with other team members
and arrested accused Shahnwaj Husaain reached Muradabad
(UP). Where SI Parveen alongwith staff was also join the
investigation of present. Accused Khalil Ahmad was
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apprehended upon a specific information and identification of
accused Shahnawaj. A Notice U/S 50 NDPS Act was served to
him and after recording his refusal, his search was got conducted
but no incriminating substance was recovered from his
possession. He was arrested in the present case. His mobile
phones were seized and taken into police possession through
seizure memo. His mobile phones were kept ‘ON’ for
investigation purpose. During sustained interrogation he
disclosed that he used to receive supply of heroin from Rajaak of
Manipur through different carriers including Shahnawaj Hussain
and further supplied it to Irfan, Nasiruddin of Bareilly, Lallu @
Langa of Kanpur, Hamid @ Doctor of Noida, Uttar Pradesh.
Recovered Heroin from accused persons Abdur Rajaak and
Mohd Idrish Ali in the present case was also returned by him. As
per FSL Result on chemical, TLC & GC-MS examination
Exhibits A-1, B-1, C-1, X-1 and Y-1 were found to contain
diacetylemorphine, 6-Monoacetylmorphine, Ascetylcodine,
Morphine, Trimethoprim, Caffeine and Acetaminophen.
Ld. Addl. PP for State submitted that the accused
Shahnawaz was found in possession of 3kg of heroin, accused
Sachin was found in possession of 2kg heroin and from the truck
UP25BT 9936 there is recovery of 5kg of heroin thereafter on the
disclosure of the accused Shahnawaz and Sachin, accused Idrish
and Abdul Razzak were apprehended, there is recovery of 1 kg of
heroin from accused Abdul Razzak and 1kg of heroin from Md.
Idrish. It has further been submitted by Ld Addl. PP for the State
that there is whatsapp call between accused Abdul Razzak and
Khalil Ahmad for the date of recovery i.e. 05.08.2021 i.e. on
page no. 66 of the supplementary charge-sheet and call record
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was found from the phone of accused Abdul Razzak. Phone
number of accused Abdul Razzak is 8974723564 while the phone
number of accused Khalil Ahmad is 7252817112. Ld Addl. PP
further submitted that on 04.08.2021 on page no. 70 of
supplementary charge-sheet, accused Abdul Razzak made call to
the accused Shahnawaj Hussain (driver of the vehicle at S. No.
91) and immediately after that, accused Abdul Razzak made call
to Khalil Ahmad on 04.08.2021 at S. No. 92 and same happened
on 03.08.2021 (page no. 80 of supplementary charge sheet from
S. No. 262-266). It has further been submitted by Ld Addl. PP
that photographs of contra-band was also found in the phone of
accused Khalil Ahmad and same photograph of contra-band was
found in the phone of accused Abdul Razzak and same has been
filed along with supplementary charge-sheet. It is further
submitted by Ld Addl. PP that phone which was used by accused
Khalil Ahmad w.r.t. various numbers has also been recovered
from accused Khalil Ahmad.
Ld. Counsel for accused Shahnawaz and Sachin has
conceded the charge, accused Abdul Razzak is PO.
Ld. Counsel for accused Mohd. Khalil has argued
that there is dislosure statement of accused Abdul Razzak and
idrish that heroin recovered from them was given by accused
Khalil Ahmed and the same is hit by the Jugment of Tofan Singh
Vs. State . It is further argued by accused that transcription relied
by the prosecution is of 17.09.2020 to 17.12.2020 while the date
of recovery is of 05.08.2021 therefore, the same is not relevant to
the present recovery. It is further argued by the Ld. Counsel for
accused that the whatsapp details recovered from accused Abdul
Razzak can not be read in evidence w.r.t. the accused Mohd.
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Khalil and the supplementary chargesheet showing the
photographs recovered from phone of present accused Mohd.
Khalil are of August 2020 and February/March 2021, therefore,
not relevant to the present recovery and prays for discharge of
accused as the prosecution has failed to show prima facie case
against the accused Mohd. Khalil.
Submissions of all the parties heard. Documents
perused.
At the stage of charge only the prima faice case has
to be seen. The FSL report is positive for diacetylmorphine in the
present matter. There is recovery of 3 kg of heroin from accused
Shahnawaz Hussain, recovery of 2 kg of heroin from the
possession of accused Sachin and from the truck there is
recovery of 5 kg of heroin, therefore, there is prima facie material
on record to frame charge u/s 21 (c) NDPS Act against accused
Shahnawaz and Sachin
On the disclosure of accused Shahnwaz, Abdul Razzak and
Mohd. Idrish were apprehended with 1 kg of heroin each,
therefore, there is prima facie sufficient material to frame charge
against accused Md. Idrish u/s 21 (c) while accused Abdul
Razzak is PO.
With respect to the conspiracy of 10 kg of heroin
recovered on 05.08.2021, accused Shahnwaz disclosed that he
procured the same from accused Abdul Razzak. Accused Mohd.
Idrish disclosed that he used to work with Abdul Razzak and
used to supply heroin with him, accused Mohd. Idrish also
disclosed that accused Abdul Razzak met with his contact
accused Khalil Ahmed and he supplied the consignment of heroin
to various persons on the direction of Abdul Razzak. The location
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of accused Abdul Razzak on 05.08.2021 was found of Rampur
i.e. the place of residence of accused Mohd. Khalil and
05.08.2021 is the date of recovery. From whatsapp call record
from accused Abdul Razzak thre is whatsapp call on 04.08.2011
between Abdul Razzak and Khalil Ahmed, Abdul Razzak and
Shahnawaz Hussain immediately after one another (page no. 70
of supplementary chargesheet) and the same also occurred on
03.08.2021 i.e. one call to accused Shahnawaz Hussain and
immediate call to accused Khalil Ahmed by the accused Abdul
Razzak. Shahnawaz Hussain was the driver of the truck which
was apprehended in Delhi with heroin. From the phone of
accused Abdul Razzak and Khalil Ahmed, the photographs of
same narcotics substance were found though of different date but
at this stage of charge it is sufficient alongwith whatsapp call
record and location to frame charge u/s 21 (c) r/w 29 against
accused Shahnawaz Hussain, Sachin, Mohd. Idrish, Mohd. Abdul
Razzak (PO) and Khalil Ahmed.
List for framing of formal charge on 07.10.2023.
(Sudhir Kumar Sirohi)
ASJ/Spl. Judge, NDPS/N. Delhi
18.09.2023
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