Fri. Apr 23rd, 2021

Kuldeep Raj vs State on 8 June, 2017

2 min read

1. The challenge to the impugned judgment of 23rd March, 2011, vide
which appellant has been held guilty of illegally possessing 5.072 kgs. of
diacetylmorphine (heroin) and order on sentence of 25th March, 2011,
vide which appellant has been sentenced to rigorous imprisonment for
twelve years with fine of `1,00,000/- and in default of payment of fine,
trial court has directed appellant to undergo rigorous imprisonment of six
months.
2. The facts as noted in the impugned judgment are as under:-
“The proceedings of this case have been initiated on
a complaint filed by the Directorate of Revenue
Intelligence (hereinafter referred to as DRI) through
Sh.D.P. Saxena, Intelligence Officer against the accused
Crl.A.No.1188/2012 Page 1 of 4
Kuldeep Raj for the offence punishable U/S 21 of the
NDPS Act, 1985 on allegations that on 04.08.07 at about
05.30 pm a secret information was received by the above
IO that a person of Indian Origin, of around 28 years of
age and 5’7″ of height, of wheatish complexion and
having medium built, would be standing at the bus stand,
Krishna Park, Near Pastry Palace, Vikaspuri at about
05:00 AM on 05.08.07. The above information was
conveyed by the IO to his superior officers and on their
directions a raiding team to be led by the above IO was
constituted and the accused Kuldeep Raj was apprehended
by the raiding team from the above said place, at around
the time disclosed in the secret information, and at the
time of his apprehension he was found carrying one black
colour shoulder bag. Since the place of apprehension of
the accused was a public place, he was brought to DRI
Headquarters and after compliance of the provisions of
Section 50 of NDPS Act, the search of the shoulder bag
carried by the accused was conducted and the same was
found to contain five heat sealed transparent polythene
packets, the contents of which were tested and identified to
be heroin and the net weight of heroin contained in the
above five packets was found to be 5.072 KG. since the
possession and carrying etc. of the above commercial
quantity of heroin was prohibited and was an offence
punishable under the provisions of the NDPS Act, a
complaint U/S 21 of the NDPS Act was filed against the
accused in this Court on 29.01.08 and cognizance thereof
was taken on 30.01.08.”

Source: Indian Kanoon

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