Order 8

Order Details: COPY OF ORDER
Pdf Text: SC No. 403/2024
State Vs. Akram @ Faisal @ Wasim
FIR No. 399/2024
PS : M.S. Park
08.08.2025
Present: Sh. S.K. Tripathi, Ld. Addl. PP for the State.
Accused in person.
Arguments on charge were already heard.
It is contended by Ld. Counsel for accused that
accused has been falsely implicated in the present case. It is
contended that the prosecution has failed to establish link of
accused with supplier. There is no such CDR of accused. It is
contended that name of accused was not mentioned in secret
information. It is contended that statement of no public witness
was recorded. There is no CCTV footage on record. It is
contended that there is no eye witness of recovery. Hence,
accused deserves to be discharged in the present case.
Per contra, it is contended on behalf of the State that
accused was caught red handed with heroin/ smack (brown
colour powder) while standing under Shahdara Flyover at the
corner of road towards Shree Ram Nagar, at about 5:10 pm on
19.09.2024. Accused was having 97 gms heroin/ smack in a
black colour polythene which was recovered from right side
pocket of his wearing black colour track pant/ lower. Thus, he is
liable to be charged U/s 21(b) of the NDPS Act.
Heard. Record perused.
In my considered opinion,
prima facie, there is
sufficient material available on record to frame charge against the
….Cont.
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accused as on 19.09.2024 at about 5:10 pm accused was found
standing under Shahdara Flyover at the corner of road towards
Shree Ram Nagar, Delhi and on checking by the police officials,
a transparent polythene was found from right side pocket of his
wearing black colour track pant/ lower and the said polythene
contained 97 gms i.e. intermediary quantity of heroin/ smack
(brown colour powder). The recovery was subjected to sampling
U/s 52A of NDPS Act before the Ld. JMFC-07 as per
proceedings dated 07.10.2024. Further, the sample box/ pullanda
‘S1’ drawn by Ld. JMFC-07 was sent to FSL and as per report
dated 27.01.2025 which was found to contain diacetylmorphine,
Acetaminophen, Caffeine, Codeine, Morphine, Acetylcodeine,
Monoacetylmorphine, Trimethoprim, Papaverine and
Alprazolam. Accordingly,
prima facie, accused was found in
possession of intermediary quantity of contraband for which
charge U/s 21(b) of the NDPS Act, is liable to be framed against
him.
The defences raised by Ld. Counsel for accused, are
a matter of trial.
Charge is accordingly framed against the accused
separately to which he pleaded not guilty and claimed trial.
Put up the matter for P.E. on 25.09.2025.
Let witnesses mentioned at serial no.1 to 3 in the list
of witnesses be summoned for next date of hearing.
(Gajender Singh Nagar)
Special Judge (NDPS Act)
Shahdara, Karkardooma Courts
Delhi/08.08.2025
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