TMI Blog2020 (9) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... 175 Kgs of Heroin and 39 Kgs of Opium of foreign origin was recovered from the petitioner. However, the Court noted that the petitioner was convicted of this offence for the first time and considering the facts and circumstances reduced the sentence awarded. The appellant has been in custody since 04.02.2010 and has served more than ten years and six months of his prison sentence. His conduct in jail is also reportedly satisfactory. Considering the above, the sentence awarded to the appellant is reduced from twelve years rigorous imprisonment to the sentence already served. The appellant shall pay the fine of ₹1,00,000/- as imposed and in default of which shall serve simple imprisonment for a further period of three months instea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... illicit drugs would be found. The said information was reduced into writing and placed before the Deputy Director of DRI who directed Sh. Rajeev Kumar Sadana, Intelligence Officer, DRI to take the necessary action. 4. Pursuant to the said authorization, a raiding team of officials was constituted. In addition, two persons from the public were also included. The said team left for Gurudwara Siraspur in the morning of 03.02.2010 and reached there at about 07:30 am. At about 08:00 am, the officers noticed a truck bearing the No. JK 08A 2037. Two persons were sitting inside the said truck. The driver was, subsequently, identified as Joginder Lal and the appellant was sitting on the adjacent seat. The said two persons were informed about the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in a zip locked polythene pouches. All the fifteen bags were weighed and it was found that the total weight of the substance recovered was 17.32 kgs. 7. The samples drawn along with their test memos were forwarded to the Chemical Examiner, Central Revenue Control Laboratory (CRCL). 8. The Chemical Examiner submitted a report confirming that all fifteen samples had tested positive for the Diacetylmorphine (Heroin) with purity ranging from 53.4% to 77.7%. 9. During the investigation, the residential premises of the appellant was also searched. However, nothing incriminating was found except a pocket diary showing certain transactions and phone numbers. 10. Sh. Joginder Lal had in the first instance, on being accosted by the raid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the initial stages, it was contended on behalf of the appellant that (i) the prosecution has failed to prove recovery beyond reasonable doubt; (ii) Section 50 of the NDPS Act were not complied with; (iii) the procedure for trial was not fair; (iv) the case property was not safely kept and the possibility of tampering is not ruled out; and (v) that the prosecution had failed to prove that they were authorize to investigate NDPS Cases. 15. However, none of the contentions could be substantiated. Mr Akshay Bhandari, who had initially argued the matter on behalf of the appellant, had confined the challenge to the impugned judgment only on the ground that a fair procedure for trial had not been adopted. He had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iscretion of the Court. He submits that the learned Trial Court had awarded the appellant to twelve years of rigorous imprisonment keeping in view the quantity of Heroin recovered (that is, 17.32 Kgs). 18. This Court is of the view that there are certain mitigating circumstances which are required to be considered. The petitioner was the only male member of his family, which comprises of his widowed mother, his wife a daughter. It is also relevant to note that the appellant is not involved in any other case and has no criminal antecedents. 19. It is also material to note that in Balwinder Singh (supra), 175 Kgs of Heroin and 39 Kgs of Opium of foreign origin was recovered from the petitioner. However, the Court noted that the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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