43 In Ncb vs . Sukhdev Raj Sodhi [Air 2011 Sc … on 7 September, 2017 – Case Summary

In the case of NCB vs. Sukhdev Raj Sodhi [Air 2011 Sc on 7 September 2017]

Facts:
The case was heard in the Delhi District Court, specifically in the court of Sh. Lokesh Kumar Sharma, the Additional Sessions Judge-04 & Special Judge (NDPS) Act, South East District, Saket Courts, Delhi. The case pertains to an incident that took place on 12th October 2014, near Kasturba Niketan Entry Gate, Lajpat Nagar, New Delhi. The accused, Hamidullah, Saifullah Mariyam, and Sajid @ Baba, were apprehended by a raiding party led by Inspector Rahul Sawhney of the Special Cell, Southern Range, New Delhi. The accused were found in possession of significant amounts of heroin/diacetylmorphine. Specifically, 300 grams each were recovered from Saifulla Mariyam and Sajid @ Baba, while 290 grams were recovered from Hamidullah.

Issues:

1. The prosecution’s case was based on the apprehension of the accused and the subsequent recovery of the contraband.
2. The defense raised questions about the procedures followed during the raid, including the communication with the accused who allegedly did not understand Hindi or English and the lack of photographic or videographic evidence of the raid.
3. There were discrepancies in the statements of the witnesses, especially concerning the secret informer’s details and the events leading up to the apprehension of the accused.

Court’s Observations:

1. The court noted that the raiding party had acted on secret information, which led to the apprehension of the accused.
2. The court observed discrepancies in the testimonies of the witnesses, especially concerning the secret informer’s role and the events leading up to the raid.
3. Questions were raised about the accused’s ability to understand the proceedings, given their linguistic limitations.
4. The court also highlighted the lack of photographic or videographic evidence, which could have provided more clarity about the raid’s events.