State vs Sagar on 9 March, 2026

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    Delhi District Court

    State vs Sagar on 9 March, 2026

           IN THE COURT OF MANU VEDWAN, ADDITIONAL
           SESSION JUDGE-02, SPECIAL JUDGE (NDPS), EAST
           DISTRICT, KARKARDOOMA COURT, DELHI
    
    CNR No. DLET01-005018-2019
    Session Case No. 2062/2019
    State versus Sagar
    First Information Report No. 139/2019
    Police Station Mayur Vihar
    Under Section 21 NDPS Act
    
    In the matter of: -
    
                   STATE v. SAGAR
    
    1      Date of Commission of Offence:              25.04.2019
    2      Date of institution of the case :           03.06.2019
    3      Name of accused, parentage & :              Sagar son of Sh. Sunil
           address                                     R/o. 30/79, Trilokpuri,
                                                       Delhi
    
    
    Date of reserve for judgment              :        07.03.2026
    Date of decision                          :        09.03.2026
    
    
                              JUDGEMENT
    

    1.1 Accused namely Sagar has been charged for the offence under
    section 21 of the Narcotic Drugs & Psychotropic Substance (herein to
    be referred as NDPS Act).

    2. Brief Facts of the Case

    SPONSORED

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    2.1 The prosecution case, in brief is that on 25.04.2019, at about
    04:30 AM, Sub Inspector Manoj Kumar Tomar (number D-5361) of
    Police Station Mayur Vihar, Delhi along with Constable Ankur Maan
    (number 1104/E), was on crime patrol duty in the area vide General
    Diary number 99A, dated 24.04.2019. It is stated that while patrolling
    near the Gurudwara on Wireless road, in front of 36-Block, Trilokpuri,
    Delhi, they noticed two boys riding a motorcycle coming from
    Trilokpuri Road towards Wireless road. On being signaled to stop by
    Sub Inspector Manoj Kumar Tomar, the motorcycle rider turned the
    vehicle around and attempted to flee. It is further stated that they were
    then chased by both the afore-said officers. It is further stated that the
    motorcycle lost balance and fell on the road, whereupon, both the
    occupants abandoned it and ran away in different directions. It is
    further stated that Sub Inspector Manoj Kumar Tomar apprehended the
    pillion rider (the person sitting behind), while Constable Ankur Maan
    chased the rider/driver towards 36-Block, Trilokpuri, but the driver
    managed to escape and could not be caught. A cursory personal search
    of the apprehended person was conducted by Sub Inspector Manoj
    Kumar Tomar, leading to the recovery from the right front pocket of
    his pants one transparent polythene packet containing 30 small paper
    pudiyas (packets). On opening, each pudiya was found containing a
    similar brown-coloured powder emitting a smell resembling smack
    (heroin). The apprehended person disclosed his name as Sagar S/o
    Sunil, resident of 30/79, Trilokpuri, Delhi, aged about 22 years, and
    admitted during initial interrogation that the pudiyas contained smack.

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    In the meantime, Head Constable Upender reached the spot, he was
    apprised of the facts and then he also joined the proceedings. Due to
    the early hour and deserted location, no public/independent witnesses
    could be joined despite efforts. Constable Ankur Maan was sent to the
    police station to bring an electronic weighing machine, which he
    procured around 05:20 AM. The 30 pudiyas were opened, their
    contents mixed on a white paper, and weighed along with the paper,
    yielding a total of 9.9 grams. The total weight of the white papers
    (three separate weighing) was 4.7 grams, resulting in a net weight of
    recovered smack powder as 5.2 grams.

    2.2 It is further stated that from the mixed powder, two samples of 2
    grams each were separated and packed in separate white papers, which
    were then placed in two transparent plastic containers marked “S-1”

    and “S-2”. The remaining 1.2 grams of powder, along with all 30
    empty paper pudiyas and the original transparent polythene, were
    placed in another transparent plastic container marked “A”. All three
    containers were sealed with lids and secured with doctor tape to form
    separate parcels/pullandas which were further sealed with the
    impression of seal “MKT” (Manoj Kumar Tomar). The seal impression
    was also affixed on the Forensic Science Laboratory forwarding
    letter/form prepared at the spot. The seal “MKT” was later handed over
    to Head Constable Upender vide a handing-over memo for safekeeping
    and future production. The abandoned motorcycle was examined and
    found to be a Hero Honda CD Deluxe (black colour), bearing
    registration number DL13SM 2178, Engine number 43618, Chassis

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    number 27169 (initially recorded mistakenly as TVS CD Deluxe in the
    tehrir later on, corrected during investigation). Accused Sagar stated
    that the motorcycle belonged to the escaped co-rider, namely Aakash
    @ Akku, who had stolen it and sold/given it to him without any
    documents. He further disclosed that the fleeing rider was Aakash @
    Akku, a person previously involved in an NDPS case at Police Station
    Mayur Vihar, whom Sub Inspector Manoj Kumar Tomar could
    identify if produced. A tehrir was prepared by Sub Inspector Manoj
    Kumar Tomar, leading to registration of First Information Report
    number 139/2019, dated 25.04.2019, under Section 21 NDPS Act, at
    Police Station, Mayur Vihar. Constable Ankur Maan took the tehrir,
    sealed parcels, seizure memo copy and Forensic Science Laboratory
    forwarding letter to the police station for registration and presentation
    to the Station House Officer.

    2.3 It is further stated that investigation was thereafter taken up by
    Sub Inspector Vishvendra Singh, who visited the spot, prepared the
    site plan at the instance of Sub Inspector Manoj Kumar Tomar and
    recorded statements under Section 161 Code of Criminal Procedure of
    Sub Inspector Manoj Kumar Tomar, Head Constable Upender,
    Constable Ankur Maan and Inspector Manoj Kumar Sharma (Station
    House Officer/Police Station Mayur Vihar). The motorcycle was
    verified as stolen vide e-first information report number 012016/2019
    dated 05.04.2019 under Section 379 Indian Penal Code, Police Station
    New Ashok Nagar, Delhi, and intimation was sent to that police station
    vide Daily Diary number 21-B, dated 29.05.2019. As the registration

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    number had been altered/tampered with, section 482 Indian Penal
    Code was added after consultation with superior officers. Accused
    Sagar was interrogated, confessed his involvement and was arrested at
    the spot after explaining grounds of arrest and serving notice under
    Section 52 of NDPS Act. His personal search yielded one black
    Micromax keypad mobile phone, photocopy of Aadhaar card, and one
    black purse. Arrest information was given to his father and his medical
    examination was got conducted at Lal Bahadur Shastri Hospital, Delhi.
    Samples S-1 and S-2 were sent to Forensic Science Laboratory Rohini,
    on 22.05.2019, through Constable Rajesh. Information of recovery and
    arrest was sent to Assistant Commissioner of Police Mayur Vihar. The
    prosecution alleges conscious possession by accused Sagar of 5.2
    grams of smack (heroin), an intermediate quantity under the NDPS Act
    and tampering with the registration mark of a stolen vehicle. Accused
    Aakash @ Akku (the escaped rider) remains absconding.

    3. CHARGE AGAINST THE ACCUSED

    3.1. After the filing of the chargesheet, court took the cognizance of
    the aforesaid offence qua the accused. Vide order, dated 18.12.2019,
    charges for the offence under Section 21 (b) of NDPS Act was framed
    against accused.

    4. PROSECUTION EVIDENCE
    Thereafter, prosecution led its pieces of evidence and got examined as
    many as eleven witnesses.

    S.No   Name of the            Crux of deposition
             witness
    

    PW-1 Head ConstableHe deposed that on the intervening night of

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    Upender 24/25.04.2019, while he was on patrolling
    duty, at about 5:00 a.m. he reached in front
    of Gurdwara, wireless road, Trilokpuri,
    where he met Sub Inspector Manoj Tomar
    and Constable Ankur along with accused
    Sagar. Sub Inspector Manoj Tomar
    informed him about the recovery of smack
    from the accused and made efforts to join
    public witnesses but none agreed due to the
    odd hours. An electronic weighing machine
    was summoned from the police station and
    the recovered contraband was weighed. The
    net weight of smack was found to be 5.2
    grams. Two samples of 2 grams each were
    drawn, converted into sealed parcels marked
    S1 and S2 and the remaining contraband
    along with packing material was sealed in
    parcel Mark A. Sub Inspector Manoj Tomar
    filled the Forensic Science Laboratory form
    and seized the parcels vide seizure memo
    and the seal after use was handed over to
    PW-1. The motorcycle of the accused was
    also seized.

    4.1(b) PW-1 further stated that Sub
    Inspector Manoj Tomar prepared the rukka

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    and handed it over to Constable Ankur
    along with the sealed parcels, Forensic
    Science Laboratory form and relevant
    documents for registration of the First
    Information Report. Subsequently, Sub
    Inspector Vishvender reached at the spot as
    the second Investigating Officer and he was
    apprised of the facts. He took over custody
    of the accused and documents. After
    registration of the First Information Report,
    notice under Section 52 NDPS Act was
    served upon the accused. The accused was
    arrested and his personal search was
    conducted, during which a mobile phone,
    Aadhaar card and purse were recovered.

    During the courses of his cross-examination,
    PW-1 submitted that he did not remember
    the Daily Diary number of his departure
    entry. PW1 also admitted that the spot did
    not fall within his beat area and he was just
    passing from there while returning to the
    police station.

    PW-2 Head Constable He deposed that on 25.04.2019, he was
    Dharmender
    posted as Duty Officer at Police Station
    Singh
    Mayur Vihar and was on duty from 12.00

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    midnight to 8.00 a.m. At about 7.50 a.m,
    Constable Ankur Maan brought a rukka sent
    by Sub Inspector Manoj Kumar Tomar. On
    the basis of the said rukka, he got the first
    information report registered through the
    computer operator and obtained a copy of
    the first information report, which is Ex.
    PW2/A bearing his signatures. He made his
    endorsement on the rukka Ex. PW2/B and
    thereafter handed over the copy of the first
    information report along with the original
    tehrir to Constable Ankur Maan for
    delivering the same to Sub Inspector
    Vishvender, to whom further investigation
    was assigned. He also issued a certificate
    under Section 65B of the Indian Evidence
    Act, Ex. PW2/C and recorded the kayami
    Daily Diary entry number 17A Ex. PW2/D,
    all bearing his signatures. During the course
    of his cross-examination, PW-2 submitted
    that during his duty hours it was his
    responsibility to record entries regarding
    arrival and departure of police officials.
    However, he was not aware of the names of
    the members of the raiding team in the

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    present case and therefore could not say
    whether he had made any arrival or
    departure entries regarding them.

    PW-3 Constable He deposed that the number 2230, from the
    Bahadur
    Office of Assistant Commissioner of Police
    Mayur Vihar, Delhi, deposed that he had
    brought the original diary register pertaining
    to the year 2019 along with the report under
    Section 57 of the NDPS Act relating to the
    present case. As per the official record, the
    report under Section 57 NDPS Act in first
    information report number 139/2019, Police
    Station Mayur Vihar, prepared by Sub
    Inspector Vishvender Singh dated
    26.04.2019, was received in the office of
    Assistant Commissioner of Police Mayur
    Vihar, vide diary entry number 2274, dated
    26.04.2019. He stated that the said report
    was seen and signed by the then Assistant
    Commissioner of Police Sh. Saurabh
    Chandra at point A. The report was proved
    as Ex. PW3/A and the photocopy of the
    relevant entry of the diary register was
    proved as Ex. PW3/B (OSR). He was also
    cross-examined at length by learned counsel

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    for accused person.

    PW-4 Sub Inspector He deposed that in the intervening night of
    Manoj Kumar
    24/25.04.2019 he was on patrolling duty
    Tomar
    along with Constable Ankur vide General
    Diary number 99A, dated 24.04.2019 and
    they left the police station at about 11:50
    PM. At about 4:30 AM, when they reached
    near Gurudwara, 36 Block, Wireless Road,
    Trilokpuri, they noticed a motorcycle
    coming from Trilokpuri Marg with two
    persons riding on it. On being signalled to
    stop the riders attempted to flee. During the
    chase, the motorcycle slipped and both
    occupants tried to escape. He apprehended
    the pillion rider, who disclosed his name as
    Sagar, while the rider managed to flee.

    Upon personal search of the apprehended
    accused, a transparent polythene containing
    30 paper pudias with brown powder was
    recovered from the right pocket of his pant.
    On smelling, the substance appeared to be
    smack, which the accused also admitted.

    He further stated that at about 4:50 AM,
    Head Constable Upender reached the spot
    and joined the investigation. Efforts were

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    made to join public witnesses but none
    agreed due to the late hours. An electronic
    weighing machine was arranged through
    Constable Ankur. After weighing, the total
    net weight of the recovered smack was
    found to be 5.2 grams. Two samples of 2
    grams each were drawn and marked S1 and
    S2 and the remaining contraband along with
    empty pudias was kept in a separate parcel
    marked A.
    4.4(b) PW4 further deposed that all parcels
    were sealed with the seal of MKT, the
    forensic science laboratory form was filled,
    and the seal was handed over to Head
    Constable Upender. The case property was
    seized vide memo Ex. PW1/A, the seal
    handing over memo is Ex. PW1/B, and the
    motorcycle bearing registration number
    DL-13SM-2178 was seized vide memo Ex.

    PW1/C. He prepared the rukka Ex. PW4/A
    and handed over the rukka and sealed
    parcels to Constable Ankur for registration
    of first information report and deposit of
    case property. Subsequently, Sub Inspector
    Vishvender Singh reached the spot, to

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    whom custody of the accused and case
    property was handed over. The site plan Ex.
    PW4/B was prepared at his instance. He
    identified the accused as well as the case
    property in court. During the course of his
    cross-examination, PW-4 admitted that no
    videography or photography of the
    proceedings was conducted and no public
    witness joined the investigation despite
    requests. He also admitted that no notice
    under Section 50 of NDPS Act was served
    prior to the personal search, explaining that
    it was a chance recovery without prior
    information. PW4 also submitted that the
    motorcycle was later found to be stolen
    property connected with e-FIR No.
    12026/2019, PS New Ashok Nagar;

    however, no mechanical inspection of the
    motorcycle was conducted. No mobile
    phone was recovered from the accused. He
    confirmed that sampling was done at the
    spot and the seal was handed over to Head
    Constable Upender.

    PW-5 Inspector Manoj He deposed that on 25.04.2019 he was
    Kumar Sharma
    posted as Station House Officer, Police

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    Station Mayur Vihar and was present in his
    office at about 8:00 a.m. when Constable
    Ankur produced before him three sealed
    pullandas, form of Forensic Science
    Laboratory bearing the seal impression of
    “MKT”, and the carbon copy of the seizure
    memo pertaining to the present case. He
    affixed his own seal of “MKS” on all the
    three pullandas and on the Forensic Science
    Laboratory form, mentioned the First
    information Report number on the
    pullandas, Forensic Science Laboratory
    form and the seizure memo after confirming
    the same from the duty officer and
    appended his signatures thereon. He then
    called MHCM Head Constable Sanjay to his
    office along with Register number 19 and
    handed over the three pullandas, Forensic
    Science Laboratory form and copy of the
    seizure memo for deposit in the malkhana,
    whereupon the relevant entry was made in
    Register number 19. He proved copy of
    General Diary number 19A recorded in this
    regard as Ex. PW-5/A. He further stated that
    on 26.04.2019, he forwarded the report

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    under Section 57 NDPS Act to the Assistant
    Commissioner of Police, which is already
    Ex. PW-3/A. During the course of his
    cross-examination, PW-5 submitted that he
    did not remember whether he had signed in
    Register number 19 against the relevant
    entry.

    PW-6 Constable Ankur He deposed that in the intervening night of
    Maan
    24/25.04.2019, he was on patrolling duty
    along with Sub Inspector Manoj Kumar
    Tomar in the area of Police Station Mayur
    Vihar. At about 4:30 a.m, when they
    reached at 36 Block near Gurudwara,
    Trilokpuri, they noticed a motorcycle with
    two riders coming from Trilokpuri side. On
    being signalled to stop, the riders attempted
    to flee, turned back and their motorcycle
    slipped. Both riders tried to escape on foot.
    Sub Inspector Manoj Tomar apprehended
    the pillion rider, while the driver managed
    to escape. On search of the apprehended
    person, later identified as accused Sagar, a
    transparent polythene containing 30 paper
    pudias with brown powder was recovered
    from the right pocket of his pant. On smell,

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    the substance appeared to be smack and the
    accused also disclosed it to be smack. He
    further deposed that Head Constable
    Upender reached the spot and joined the
    investigation. As no public person could be
    found due to odd hours, he was sent to bring
    an electronic weighing machine from the
    police station and returned to the spot at
    about 5:20 a.m. Sub Inspector Manoj Tomar
    mixed the contents of the pudias and
    weighed the recovered substance. After
    deducting the weight of the paper, the net
    weight of the smack was found to be 5.2
    grams. Two samples of 2 grams each were
    drawn and kept in separate plastic
    containers and the remaining contraband
    along with empty pudias was kept in
    another container. All parcels were sealed
    with the seal of “MKT”, marked S1, S2 and
    A, and form of Forensic Science Laboratory
    was filled at the spot. The seal after use was
    handed over to Head Constable Upender.

    The witness then proved the seizure memo
    of the contraband and Form Forensic
    Science Laboratory (Ex. PW1/A), handing

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    over memo of the seal (Ex. PW1/B) and
    seizure memo of the motorcycle bearing
    number DL-13SM-2178 (Ex. PW1/C), all
    bearing his signatures.

    4.6(b) PW6 further deposed that according
    to the witness, Sub Inspector Manoj Tomar
    handed over the rukka and sealed parcels to
    him for registration of the first information
    report. He reached the police station at
    about 7:45 a.m., handed over the rukka to
    the Duty Officer and the case property to the
    Station House Officer, who affixed his seal
    and mentioned the first information report
    number on the parcels. Thereafter, he
    returned to the spot with a copy of the first
    information report and original rukka and
    handed them over to the Investigating
    Officer Sub Inspector Vishvender Singh,
    who arrested the accused vide arrest memo
    Ex. PW1/E and conducted his personal
    search vide memo Ex. PW1/F. The accused
    was medically examined and brought to the
    police station. The witness correctly
    identified the accused in court. During the
    course of his cross-examination, PW6

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    submitted that they were on patrolling duty
    from 8:00 p.m. to 8:00 a.m. and were
    patrolling on foot. PW6 further submitted
    that the weighing scale was brought from
    the Investigating Officer room of the police
    station and no entry was made in that
    regard.

    PW-7 Head Constable He deposed that on 22.05.2019, as per the
    Rajesh
    directions of Head Constable Sanjay, he
    obtained two sealed containers sealed with
    the seals of “MKT” and “MKS” along with
    the Forensic Science Laboratory forwarding
    letter for depositing the same at Forensic
    Science Laboratory Rohini. He carried the
    case property vide Road Certificate number
    80/21/19 (Ex. PW7/1) bearing his signatures
    and deposited the sealed containers and
    forwarding letter at Forensic Science
    Laboratory Rohini. After depositing the
    same, he obtained the acknowledgment
    receipt, Ex. PW7/2, bearing his signatures
    and returned to the police station, where he
    handed over the acknowledgment to the
    MHC(M). His statement was thereafter
    recorded. He was cross-examined at length

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    by learned counsel for accused.

    PW-8 Assistant Sub He deposed that on 25.04.2019, he was
    Inspector Sanjay
    posted as MHC(M) at Police Station Mayur
    Kumar
    Vihar. At about 8:15 a.m., the Station House
    Officer called him to his office along with
    Register number 19 and handed over three
    pulandas sealed with the seals of “MKS”

    and “MKT”, along with the Forensic
    Science Laboratory forwarding letter and
    copies of seizure memos. He made the
    relevant entry at serial number 2412 in
    Register number 19, which is Ex. PW8/1
    (OSR). He also received the personal search
    articles of the accused and made entries
    regarding the same in the said register. He
    further deposed that, on 22.05.2019, he had
    handed over two pulandas along with the
    forensic science laboratory forwarding letter
    to Constable Rajesh for depositing the same
    at Forensic Science Laboratory Rohini vide
    Road Certificate No. 80/21/19 (already Ex.
    PW7/1). After some time, Constable Rajesh
    returned to the police station and handed
    over the acknowledgment receipt to him. He
    then handed over the copy of the Road

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    Certificate and acknowledgment receipt to
    the IO, which are already Ex. PW7/2 (OSR).

    He was cross-examined at length by learned
    counsel for accused.

    PW-9 Head Constable He deposed that he produced the original
    Anuj Kumar
    dispatch register for the year 2019 and
    deposed that as per the report, under Section
    57
    NDPS Act, in first information report
    number 139/2019, prepared by Sub
    Inspector Vishwender Singh, dated
    26.04.2019, the said report was received in
    their office vide diary number 631 on
    26.04.2019. The report was sealed and sent
    to the office of Assistant Commissioner of
    Police, Mayur Vihar. The photocopy of the
    relevant entry in the dispatch register is Ex.
    PW9/1 (OSR). He further stated that the
    notice under Section 57 NDPS Act is
    already Ex. PW3/A bearing the signature of
    the Station House Officer at point B.
    PW-10 Narender, Junior He deposed that he was deputed to appear
    Assistant from
    on behalf of the MLO/DTO. He produced
    Transport Office
    the attested copies of the vehicle particulars,
    including Form 20, in respect of vehicle
    bearing registration no. DL-13SM-2178.

    The said documents are Ex. PW10/1 (colly)

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    (OSR) bearing the signature of Sh. P.M.
    Rao, DTO at point A.
    PW-11 Sub InspectorHe deposed that on 25.04.2019, he was
    Vishvendra Singh
    posted as Sub Inspector at Police Station
    Mayur Vihar Phase-I. On that day, while he
    was present at the police station, the Duty
    Officer informed him about the registration
    of the present case at about 8:15 AM.

    Thereafter, he proceeded to the spot that is
    west side of Gurudwara, Wireless Road, 36
    Block, Trilokpuri, Delhi, where he met Sub
    Inspector Manoj Kumar Tomar along with
    Head Constable Upender and accused
    Sagar. Sub Inspector Manoj Kumar Tomar
    apprised him about the facts of the case and
    handed over to him the case documents,
    namely the original seizure memo of
    recovered smack Ex. PW1/A, seizure memo
    of motorcycle Ex. PW1/C and seal handing
    over memo Ex. PW1/B all bearing his
    signatures at point C. He perused the
    documents and mentioned the case
    particulars on them. PW-11 further deposed
    that custody of accused Sagar was handed
    over to him by Sub Inspector Manoj Kumar

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    Tomar. He prepared the site plan of the
    place of occurrence at the instance of Sub
    Inspector Manoj Kumar Tomar (Ex.

    PW4/B). He examined Sub Inspector Manoj
    Kumar Tomar and recorded his statement,
    after which Sub Inspector Manoj Kumar
    Tomar left the spot. Constable Ankur
    reached the spot at about 9:10 AM and
    handed over to him the original tehrir Ex.

                       PW4/A,      computerized       copy    of    First
                       Information       Report   Ex.    PW2/A       and
    

    certificate under Section 65B of the Indian
    Evidence Act Ex. PW2/C. He prepared two
    copies of notice under Section 52 NDPS Act
    and apprised the accused of the grounds of
    arrest. The original notice was served upon
    the accused and his acknowledgment was
    obtained on the carbon copy Ex. PW1/D. He
    arrested the accused vide arrest memo Ex.

    PW1/E. During personal search of the
    accused, one black coloured Micromax
    keypad mobile phone, photocopy of
    Aadhaar card and one black coloured purse
    containing original notice under Section 52
    NDPS Act were recovered and seized vide

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    memo Ex. PW1/F. He recorded the
    disclosure statement of the accused vide
    memo Ex. PW1/G. Thereafter, the accused
    was medically examined at Lal Bahadur
    Shastri Hospital and search for co-accused
    Akash @ Akku was conducted at the
    instance of the accused but he could not be
    traced. The personal search articles were
    deposited in the malkhana and the accused
    was produced before the Station House
    Officer at about 11:00 AM and thereafter
    before the court, from where he was
    remanded to judicial custody.

    4.11(b) PW-11 further deposed that, on
    26.04.2019, he prepared a report under
    Section 57 NDPS Act regarding recovery
    and arrest of the accused and presented the
    same before the Station House Officer (Ex.
    PW3/A). He obtained the age proof of the
    accused from his school, showing his date
    of birth as 12.10.1998, and placed the same
    on record (Ex. PW11/A). On 22.05.2019,
    the samples of the recovered contraband
    were sent to Forensic Science Laboratory
    Rohini vide Registration Certificate number

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    80/21/19 (Ex. PW7/1) through Constable
    Rajesh. He received the acknowledgment of
    case acceptance from the MHC(M) (Ex.

    PW7/2) and placed it on the file. On
    29.05.2019, he obtained details of the
    recovered motorcycle from Suraj Mal Vihar
    Authority (Ex. PW10/1), which revealed
    that the vehicle was stolen in E-FIR No.
    012016/19 of PS New Ashok Nagar, and he
    conveyed this information to the concerned
    police station vide Daily Diary number 21B,
    dated 29.05.2019. He thereafter prepared
    and filed the charge-sheet and after receipt
    of the Forensic Science Laboratory result,
    filed the supplementary charge-sheet. PW11
    also stated that statements of witnesses were
    recorded under Section 161 of Code of
    Criminal Procedure. During course of his
    cross-examination, PW-11 stated that he had
    received the information from the Duty
    Officer personally at the police station. PW1
    also admitted that neither any contraband
    recovered in his presence nor any
    documents were prepared.

    SC No. 2062/2019 State Vs. Sagar Page No.23/40

    5. The following exhibits were proved by the following
    witnesses examined by the prosecution, which are as under:-

    Exhibit Description of the exhibit Proved by / Attested by
    No.
    Ex.PW1/A The case property was seized videH/Ct. Upender
    memo Ex. PW1/A.
    Ex.PW1/B The seal handing over memo is Ex. H/Ct. Upender
    PW1/B
    Ex.PW1/C The motorcycle bearing H/Ct. Upender
    registration number
    DL-13SM-2178 was seized vide
    memo Ex. PW1/C
    Ex. PW1/D The original notice was served H/Ct. Upender
    upon the accused and his
    acknowledgment was obtained on
    the carbon copy Ex. PW1/D
    Ex. PW1/E Arrested the accused vide arrest H/Ct. Upender
    memo Ex. PW1/E
    Ex. PW1/F Conducted his personal search vide H/Ct. Upender
    memo Ex. PW1/F
    Ex. PW1/G The disclosure statement of the H/Ct. Upender
    accused vide memo Ex. PW1/G
    Ex.PW2/A Copy of FIR. H/Ct. Dharmender
    Singh
    Ex.PW2/B Endorsement on the rukka H/Ct. Dharmender
    Singh
    Ex.PW2/C Under Section 65B of the Indian H/Ct. Dharmender
    Singh
    Evidence Act
    Ex.PW2/D Recorded the kayami Daily Diary H/Ct. Dharmender
    Singh

    SC No. 2062/2019 State Vs. Sagar Page No.24/40
    entry number 17A
    Ex.PW3/A The report under Section 57 NDPS Ct. Bahadur
    Act in first information report
    number 139/2019, Police Station
    Mayur Vihar
    Ex.PW3/B The photocopy of the relevant Ct. Bahadur
    entry of the diary register
    Ex.PW4/A Rukka Ex. PW4/A SI Manoj Kumar
    Tomar
    Ex.PW4/B The site plan Ex. PW4/B SI Manoj Kumar
    Tomar
    Ex.PW-5/A General Diary number 19A Insp. Manoj Kumar
    Sharma
    recorded.

    Ex. PW7/1 case property vide Road Certificate HC Rajesh
    number 80/21/19
    Ex. PW7/2 After depositing the same, he HC Rajesh
    obtained the acknowledgment
    receipt
    Ex. PW8/1 The relevant entry at serial number ASI Sanjay Kumar
    (OSR). 2412 in Register number 19, which
    is Ex. PW8/1 (OSR).

    Ex. PW9/1 The photocopy of the relevant HC Anuj Kumar
    (OSR) entry in the dispatch register is Ex.

    PW9/1 (OSR)
    Ex. Attested copies of the vehicle Narender, Junior
    Assistant from
    PW10/1 particulars, including Form 20, in
    Transport Office
    (colly) respect of vehicle bearing
    (OSR) registration no. DL-13SM-2178.

    The said documents are Ex.

    
    SC No. 2062/2019                     State Vs. Sagar             Page No.25/40
                    PW10/1 (colly) (OSR)
     Ex.PW11/ the age proof of the accused from           SI Vishvendra Singh
          A            his school, showing his date of
                   birth as 12.10.1998, and placed the
                       same on record (Ex. PW11/A).
    
    
    
    6.     STATEMENT OF ACCUSED U/S 313 Cr.P.C.
    6.1    After completion of prosecution witnesses, statement of accused
    

    Sagar under Section 313 Code of Criminal Procedure was recorded.
    Accused submits that he is innocent, has been lifted from his house and
    has been falsely implicated in the present case. Accused also
    submitted that about 10-15 days prior to the date of his arrest, he has
    some heated arguments with the police officials of police station
    Mayur Vihar in park of 29 Block, Trilokpuri and thus he was falsely
    implicated in this case. It is further submitted that recovery has been
    planted upon him and his signatures were forcibly obtained by the
    police officials on the blank papers in the police station. Accused did
    not prefer to lead defence evidence.

    8. FINAL ARGUMENTS
    8.1 (a) Submissions of learned counsel for accused as well as
    learned Additional Public Prosecutor for the State have been heard at
    length. Ld. Addl. PP for the State has submitted that the prosecution
    has proved the recovery of contraband from the accused. It is further
    submitted that all the provisions under the NDPS Act were duly
    complied with in the present case and the charge levelled as against the

    SC No. 2062/2019 State Vs. Sagar Page No.26/40
    accused has been proved beyond reasonable doubt. It is further
    submitted that the prosecution has been able to prove the recovery of
    5.2 grams of smack from the possession of accused . It is also
    submitted that the presumptions prevailing under NDPS Act (Sections
    35
    & 54 NDPS Act) squarely apply in this case and therefore, the
    accused is liable to be convicted under section 21 (b) of the NDPS Act.
    It is further submitted by the learned Additional PP for the State that
    minor contradictions should not be taken into account while deciding
    the case and that there is presumption of regularity of the procedure
    undertaken by the police witnesses. It is also submitted that with
    respect to Section 52 A of NDPS Act, substantial compliance is
    necessary rather than confirming to every technical detail. It is further
    submitted that any procedural irregularity or illegality found to have
    been committed in conducting the search and seizure during the course
    of investigation or thereafter would by itself not make the entire
    evidence collected during the course of investigation inadmissible. It is
    further submitted that conducting of photography or videography of
    each and every act is impractical. Reliance is placed upon Bharat
    Aambale v. The State of Chhattisgarh (Neutral Citation: 2025 INSC

    78), Chidi Berr Nwayoga v. State, 2022 SCC OnLine Del 2558,
    Jugendra Singh v. State of U.P: MANU/SC/0485/2012, Appabhai &
    Anr. v. State of Gujarat MANU/SC/0028/1988, Jarnail Singh v. State
    of Punjab
    (2011) 3 SCC 52, Surinder Kumar v. State of Punjab, (2020)
    2 SCC 563 and Ram Pal v. State of UP, MANU/UP/1659/2020. All
    these judgments have been perused very carefully vis-a-vis facts of

    SC No. 2062/2019 State Vs. Sagar Page No.27/40
    present case and as such there seem do not apply to the present
    circumstances.

    8.1(b) On the other hand, learned counsel for the accused has submitted
    that accused has been falsely implicated in the present case and as such
    no contraband was recovered from his possession. It is also submitted
    that there are material contradictions in the testimonies of prosecution
    witnesses. It is further submitted that neither public witnesses were
    got joined during the recovery proceedings nor these proceedings were
    videographed/photographed which raises doubt on the entire recovery
    proceedings. It is further submitted that there are glaring
    contradictions in the case of prosecution, as the necessary guidelines
    regarding seizure and sampling of the alleged recovered contraband
    was not properly followed. There was no reference regarding
    compliance of Section 42, Section 50 & Section 57 of the NDPS Act.
    There was total non-compliance of Section 52 A of the NDPS Act.
    Learned counsel has also filed one hand written submission in which it
    is stated that as such there is no entry of arrival or departure when the
    alleged weighing machine was brought from the police station. It is
    further stated that on the medico legal case, there is no mention of the
    first information report number which admittedly had already been
    registered. It is therefore submitted that all these factors have raised
    concern with respect to the case of the prosecution as prosecution is
    unable to prove its case beyond reasonable doubts.

    9. Points of Determination

    SC No. 2062/2019 State Vs. Sagar Page No.28/40
    9.1 After hearing both the parties at length as well as upon perusal
    of the annexed documents, following point of determination has been
    culled out in the present case that is whether the accused was found in
    possession of 5.2 grams of smack on 25.04.2019 ?

    10. Analysis & Reasoning
    10.1 To start with basically, there are two levels of proof in criminal
    cases, one for the prosecution, that is the proof which must be beyond
    reasonable doubt and another for the defence, that is proof vis-a-vis the
    balance of probabilities. Denning J, while elaborating on the nature of
    proof beyond reasonable doubt stated that it need not reach certainty,
    but it must carry a high degree of probability. If the evidence is so
    strong against a man as to leave only a remote possibility in his favour
    which can be dismissed with the sentence of course it is possible, but
    not in the least probable, the case is proved beyond reasonable doubt,
    but nothing short of that will suffice. The evidence of the prosecution
    must be such as to exclude to a moral certainty every reasonable doubt
    of the guilt of the accused. The burden of proof is always on the
    prosecution to establish beyond reasonable doubt all ingredients of an
    offence with which the person accused is charged and it cannot fall
    back solely upon the evidence adduced by the accused persons in their
    defence. Also, undoubtedly, conducting a fair trial for those who are
    accused of a criminal offence is the cornerstone of our democratic
    society. Conducting a fair trial is both for the benefit of the society as
    well as for an accused and cannot be abandoned. A conviction
    resulting from an unfair trial is contrary to our concept of justice.

    SC No. 2062/2019 State Vs. Sagar Page No.29/40

    Reliance is placed upon Vishnu Dutt Sharma v. Daya Sapra (2009) 13
    SCC 729, Jarnail Singh v. State of Punjab, AIR 1996 SC 755 and
    Mallanna v. State of Karnataka, (2007) 8 SCC 523.
    10.2 Coming forward, with respect to Narcotics Drugs and
    Psychotropic Substances Act, 1985
    especially Section 21 of the
    aforesaid Act, with which present accused has been charged with, read
    as under:-

    Whoever, in contravention of any provision of this Act or any rule or order made or condition of
    licence granted thereunder, manufacturers, possesses, sells, purchases, transports, imports inter-
    State exports inter-State or uses any manufactured drug or any preparation containing any
    manufactured drug shall be punishable:-

    (b) where the contravention involves, quantity, lesser than commercial quantity but greater than
    small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine
    which may extend to one lakh rupees….

    Doubtless that this section of NDPS Act makes the possession of
    any manufactured drug an offence. The term ‘Manufactured Drug’ is
    defined in section 2 (xi) of the Act which means all coca derivatives,
    medicinal cannabis, opium, derivatives and poppy straw concentrate
    along with any other narcotic substance or preparation which the
    Central Government may having regard to the available information as
    to its nature or to a decision, if any, under international Convention, by
    notification in the Official Gazette, declare to be a manufactured drug.
    Though, at the same time it does not include any narcotic substance or
    preparation which the Central Government may, having regard to the
    available information as to its nature or to a decision, if any, under any
    International Convention, by notification in the official Gazette,

    SC No. 2062/2019 State Vs. Sagar Page No.30/40
    declare not to be a manufactured drug. Further, the term ‘Manufacture’
    is elaborated in Section 2 (x) and includes all processes other than
    production by which such drugs or substances may be obtained,
    refining of such drugs or substances, transformation of such drugs or
    substances and making of preparation (otherwise than in a pharmacy
    on prescription with or containing such drugs or substances). Finally,
    the term ‘To Transport’ has been defined in clause 2 (xxviii) of the Act
    as to mean to take from one place to another within the same State or
    Union territory. It may be that a person transferring the article either to
    use it or to distribute it.

    10.3 It needs to be stressed upon that as the Narcotics Drugs &
    Psychotropic Substances Act
    has provided deterrent punishment for the
    offences under the Act, the Parliament, has therefore provided
    additional safeguards in the procedure for conducting search of
    persons under the Narcotics drugs and Psychotropic Substances Act.
    Provisions have been made in the Act itself that if persons to be
    searched so require, the officer about to search him under section 41 or
    section 42 or section 43 of the Act, shall take such person without
    unnecessary delay to the nearest Gazetted Officer of any one of the
    departments mentioned in section 42 of the Act or to the nearest
    Magistrate. Section 50 specifically provides that the Gazetted Officer
    or the Magistrate before whom any such person is brought shall, if he
    sees no reasonable ground for search, forthwith discharge the person
    but otherwise shall direct that search be made. Further, when questions
    one of the which arises for consideration is whether investigating

    SC No. 2062/2019 State Vs. Sagar Page No.31/40
    officer was bound to make the accused aware that he had also a right to
    be searched before a Magistrate or a Gazetted Officer, it has been held
    that accused has to be made aware of the said right before taking his
    personal search for appropriate compliance of section 50 of the NDPS
    Act. Thus, it is an obligation of the empowered officer before
    conducting the search of the person on the basis of prior information to
    inform the suspect that he has the right to require his search to be
    conducted in the presence of a Gazetted Officer or a Magistrate. The
    words used in the section are ‘if the person to be searched so requires’
    which casts a duty upon the officer about to make search of the person
    to intimate him that if he so requires he can be taken before the nearest
    gazetted officer or the nearest magistrate for the purpose of taking
    search in the presence of such officer or the magistrate. In order to
    find out whether compliance of section 50 has been made or not, it has
    to be seen whether the accused was apprised by the searching officer of
    his right to make a choice to be taken before a Gazetted Officer or a
    Magistrate as he is to be searched for having contraband in his
    possession.

    10.4 Relevance of this provision has been made explicitely clear in
    State of Punjab vs. Balbir Singh 1994 AIR SCW 1802 where Hon’ble
    Supreme Court had observed the following:-

    (1) If a police officer without any prior information as contemplated under the
    provisions of the Narcotic Drugs and Psychotropic Substances Act makes a search or arrests a
    person in the normal course of investigation into an offence or suspected offences as provided
    under the provisions of the Code of Criminal Procedure and when such search is completed at that
    stage, section 50 of the Narcotic Drugs and Psychotropic Substances Act would not be attracted and
    the question of complying with the requirements thereunder would not arise. If during such search

    SC No. 2062/2019 State Vs. Sagar Page No.32/40
    or arrest there is a chance of recovery of any Narcotic Drugs and Psychotropic Substances then the
    police officer, who is not empowered, should inform the empowered officer who should thereafter
    proceed in accordance with the provision of the Narcotic Drugs and Psychotropic Substances Act.

    If he happens to be an empowered officer also, then from that stage onwards, he should carry out
    the investigation in accordance with the other provisions of the Narcotic Drugs and Psychotropic
    Substances Act
    .

    (2A) Under section 41(1) only an empowered magistrate can issue warrant for the
    arrest or for the search in respect of offences punishable under Chapter IV of the Act, etc., when he
    has reason to believe that such offences have been committed or such substances are kept or
    concealed in any building, conveyance or place. When such warrant for arrest or for search is
    issued by a Magistrate who is not empowered, then such search or arrest if carried out would be
    illegal. Likewise only empowered officers or duly authorised officers as enumerated in section
    41(2)
    and 42(1) can act under the provisions of the Narcotic Drugs and Psychotropic Substances
    Act
    . If such arrest or search is made under the provisions of the Narcotic Drugs and Psychotropic
    Substances Act
    by anyone other than such officers, the same would be illegal.

    (2B) Under section 41(2) only the empowered officer can give the authorisation
    to his subordinate officer to carry out the arrest of a person or search as mentioned therein. If there
    is a contravention, that would affect the prosecution case and vitite the conviction.

    (2C) Under section 42(1) the empowered officer if has a prior information given
    by any person, that should necessarily be taken down in writing. But if hehas reason to believe
    from personal knowledge that offences under Chapter IV have been committed or materials which
    may furnish evidence of commission of such offences are concealed in any building, etc., he may
    carry out the arrest or search without a warrant between sunrise and sunset and this provision does
    not mandate that he should record his reasons of belief. But under the proviso to section 42(1) if
    such officer has to carry out such search between sunset and sunrise, he must record the ground of
    his belief.

    To this extent these provisions are mandatory and contravention of the same
    would affect the prosecution case and vitiate the trial.

    (3)Under section 42(2) such empowered officer who takes down any information
    in writing or records the grounds under proviso to section 42(1) should forthwith send a copy
    thereof to his immediate official superior. If there is total non-compliance of this provision the
    same affects the prosecution case. To that extent it is mandatory. But if there is delay whether it was

    SC No. 2062/2019 State Vs. Sagar Page No.33/40
    undue or whether the same has been explained or not, will be a question of fact in each case.

    (4A) If a police officer, even if he happens to be an “empowered” officer while
    effecting an arrest or search during normal investigation into offences purely under the provisions
    of the Code of Criminal Procedure fails to strictly comply with the provisions of sections 100 and
    165 of the Code of Criminal Procedure including the requirement to record reasons, such failure
    would only amount to an irregularity.

    (4B) If an empowered officer or an authorised officer under section 41(2) of the
    Act carries out a search, he would be doing so under the provisions of the Code of Criminal
    Procedure
    namely sections 100 and 165 of the Code of Criminal Procedure and if there is no strict
    compliance with the provisions of the Code of Criminal Procedure then such search would not per
    se be illegal and would not vitiate the trial.

    The effect of such failure has to be borne in mind by the courts while appreciating
    the evidence in the facts and circumstances of each case.

    (5) On prior information the empowered officer or authorised officer while acting
    under section 41(2) or section 42 should comply with the provisions of section 50 before the scarch
    of the person is made and such person should be informed that if he so requires, he shall be
    Produced before a gazetted officer or a magistrate as provided thereunder. It is obligatory on the
    part of such officer to inform the person to be searched. Failure to inform the person to be searched
    and if such person so requires, failure to take him to the gazetted officer or the magistrate, would
    amount to non-compliance of section 50 which is mandatory and thus it would affect the
    prosecution case and vitiate the trial. After being so informed whether such person opted for such a
    course or not would be a question of fact.

    (6) The provisions of sections 52 and 57 which deal with the steps to be taken by
    the officers after making arrest or seizure under sections 41 to 44 are by themselves not mandatory.
    If there is non-compliance or if there are lapses like delay, etc., then the same has to be examined to
    see whether any prejudice has been caused to the accused and such failure will have a bearing on
    the appreciation of evidence regarding arrest or seizure as well as on merits of the case…….

    Reliance is also placed upon Ali Mustaffa Abdul Rahman
    Moosa Vs. State of Kerala
    , AIR1995 SC 244, Pooran Mal V. Director
    of Inspection (Investigation), New Delhi, AIR 1974 SC 348, State of

    SC No. 2062/2019 State Vs. Sagar Page No.34/40
    Punjab vs. Labh Singh 1996 CrLJ 3996 and Omprakash @ Omi @
    Fauzi vs. State 1991 (3) Crimes. Reference is also made from book
    titled as Commentary on Narcotics Drugs and Psychotropic Substances
    Act, second edition by Dr. JN Barowalia.

    10.5 Thus, it is not wrong to say that the compliance of the
    safeguards in section 50 of the Narcotic Drugs and Psychotropic Act is
    mandatory obliging the officer concerned to inform the person to be
    searched of his right to demand that search could be conducted in the
    presence of a Gazetted Officer or a Magistrate. The possession of illicit
    articles has to be satisfactorily established before the court. The officer
    who conducts search must state in his evidence that he had informed
    the accused of his right to demand, while he is searched, in the
    presence of a Gazetted Officer or a Magistrate and that the accused had
    not chosen to so demand. If no evidence to that effect is given, the
    court must presume that the person searched was not informed of the
    protection the law gives him and must find that possession of illicit
    articles was not established. In the present case though it is claimed
    that accused was overpowered by chance but this cannot be ruled out
    the aspect/purview of the applicability of provisions of Section 50 of
    the NDPS Act in such circumstances. It is not wrong to say that
    neither in the panchnama nor in the first information report there is a
    whisper about such an offer or refusal. Even the entire testimony is
    silent on that aspect. Neither the same has been clarified at any stage
    viz. at the time of recording of testimonies or even during the course of
    final arguments by the prosecution for the reasons best known to them.

    SC No. 2062/2019 State Vs. Sagar Page No.35/40

    Therefore, there is no doubt that in present case the accused definitely
    was not informed about his right provided under section 50 of the Act.
    Accordingly, on the face of it was found that investigating officer did
    not record the grounds of his belief at any stage of the investigation,
    subsequent to his realising that accused was in possession of smack
    and since he had no record, he did not forward a copy of the grounds to
    his superior nor did he comply with the provisions of Section 50 of the
    Act, inasmuch as he did not inform the person to be searched that if he
    required, his search could be conducted before a Gazetted Officer or a
    Magistrate. Thus, this aspect can be culminated in the way that when
    Investigating Officer accidently stumbled upon the accused and he
    himself not being the empowered officer, then on coming to know that
    accused was in possession of illicit articles, therefrom that stage
    onwards he was under on obligation to proceed in the matter only in
    accordance with the provisions of Narcotics Drugs and Psychotropic
    Substances Act
    .

    10.6 Further, admittedly no photography of case property and
    videography of the recovery proceedings were carried out by the
    investigating agency. Again, the testimonies of all the prosecution
    witnesses is completely silent upon that aspect. Thus, not finding any
    public witness and lack of photography and videography of the alleged
    recovery in today’s time and age may cast a doubt on the credibility of
    the evidence. It is not the case of the prosecution that any notice was
    served under Section 100 (8) of the Code of Criminal Procedure on the
    person who refused to join the raiding party in the process of seizure.

    SC No. 2062/2019 State Vs. Sagar Page No.36/40

    It is also relevant to note that the procedure prescribed in the Narcotics
    Control Bureau Handbook, which has been adopted by the Delhi
    Police, though may not be binding, however, prescribes photography
    and videography as a crucial practice for obtaining evidence in order to
    avoid allegation in regard to the foul play. When the public persons
    refused to join the recovery proceedings, the least the police officials
    could have done is to photograph/videograph the recovery
    proceedings, in the absence whereof, serious doubts have definitely
    been raised in the entire proceedings conducted by the raiding team.
    10.7 Also, there are several other discrepancies which emerged/culled
    out during the analysis of cross-examination of prosecution witnesses.
    From the depositions, it came out that the weighing machine was
    arranged by the concerned Sub Inspector through Constable Ankur
    from police station itself. This weighing machine was admittedly
    brought at about 5.20 am from police station to the spot. As such there
    is no document on record to prove/establish that said weighing
    machine was available in the police station or that it was taken from
    the police station. Neither its make or say its physical properties nor
    the way how it was transported from police station to spot was made
    clear. There is no mention of its specificity or whether it was
    calliberated or not explained. All these facts have to be seen especially
    in the light of circumstances that a small change in the weight of
    quantity of alleged recovered contraband may bring the offence into a
    smaller category. Finally, it also needs to be pinpointed that the
    alleged contraband was recovered on 25.04.2019, whereas, the samples

    SC No. 2062/2019 State Vs. Sagar Page No.37/40
    were sent to Forensic Science laboratory only on 22.05.2019, that is
    almost after passing of one month and during that entire period, the
    samples remained in the custody of police officials itself. To add to it,
    it is worth-noticing that even after seizure of the recovered
    contrabands, no steps under section 52A of NDPS Act were taken by
    the Investigating Officer. The Investigating Officer failed to comply
    with the provisions of Section 52A of the NDPS Act altogether.
    Keeping in view, the fact, that no proceedings under section 52 A
    NDPS Act were conducted and for almost a period of one month,
    recovered contraband alongwith samples were there in the custody of
    police officials raises serious questions/apprehensions. It is to be noted
    that apart from stating that there is no such serious concern involved
    nothing beyond has been explained on the part of the prosecution on
    this anomaly. Although, merely non-compliance of Section 52 A of
    NDPS Act in itself does result into acquittal of the accused, yet as
    already discussed there are other factors also, which further weakens
    the case of prosecution.

    10.8 Alongwith that, it also needs to be noted that accused was
    arrested at about 9.30 am, though as per the testimony of PW1 itself,
    alleged weighing machine was called at 5.20 am. The time in between
    has never been well explained by the prosecution with the help of other
    testimonies recorded in the present case. Also, the applicability of
    ‘grounds of belief’ seems to come in picture as well because of
    peculiar facts of this case in accordance with mandate of Section 42(1)
    and Section 42 (2) of NDPS Act. The word ‘grounds of belief’ has

    SC No. 2062/2019 State Vs. Sagar Page No.38/40
    been defined in Section 26 of Indian Penal Code as ‘A’ person is said
    to have reason to believe a thing, if he has sufficient cause to believe
    that thing but not otherwise. The reasons of belief as elucidated in
    aforesaid section because of peculiarity of circumstances in this case
    needs to be more illustrated which seems not be found elaborated upon
    as such. Reliance is placed upon State of Punjab v. Balbir Singh
    (1994) 3 SCC 299, Gurbux Singh v. State of Haryana (2001) 3 SCC 28
    and Directorate of Revenue v. Mohammed Nisar Holia
    2007 (8)
    Supreme 741. Therefore, in the overall circumstances, it is not
    wrong to say that there sequence of events have raised serious doubts
    about the case of prosecution and benefit of which is to be given to the
    accused. In view of the various contradictions/discrepancies raised
    above, this court has no hesitation in holding that in the present case, it
    is not safe to rely solely on the uncorroborated testimonies of the
    police officials, who were all part of the same raiding team. So far as
    the present case is concerned, non-joining of any independent witness
    and non-compliance of section 50 as well as 52 A of the NDPS Act are
    fatal to the prosecution case. It can be said that the prosecution has
    failed to prove its case beyond all reasonable doubts that accused Sagar
    was found in possession of alleged 5.2 grams of smack. Accused is
    entitled for benefit of doubt and thus accused Sagar stands acquitted in
    the present case.

    10.8 Accused has already furnished his bail bond(s) in compliance of
    Section 437-A Code of Criminal Procedure, which will remain valid
    for a period of six months from today, as per the provisions of Section

    SC No. 2062/2019 State Vs. Sagar Page No.39/40
    437-A Code of Criminal Procedure. File be consigned to Record
    Room as per rules after compliance of necessary legal formalities.

    Announced in the open court
    on 09th March, 2026

    (Manu Vedwan)
    Addl. Session Judge-2/Spl. Judge (NDPS)
    East/Karkardooma/Delhi
    MANU
    VEDWAN
    Digitally signed
    by MANU
    VEDWAN
    Date: 2026.03.09
    16:51:28 +0530

    SC No. 2062/2019 State Vs. Sagar Page No.40/40



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