Criminal Appeal No. 527, 529, 607 of 2014
High Court of Delhi
BENCH: Hon’ble Dr. Mr. S. Muralidhar J.
DATE OF JUDGMENT: 11-02-2015
BRANCH OF FORENSIC SCIENCE: Voice Analysis (Forensic Physics)
RELEVANT SECTIONS/ACTS:
Narcotics Drugs and Psychotropic Substance (NDPS) Act, 1985
- Section 21 (c) – (21) – Punishment for contravention in relation to manufactured drugs and preparations.
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also liable to fine which shall not less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
- Section 29 – Punishment for abetment and criminal conspiracy.
- Section 50- Conditions under which search of persons shall conduct.
IPC (Indian Penal Code) Act, 1860
- Section 489 (c) – Possession of forged or counterfeit currency-notes or bank-notes.
- Section 120 (b) – Punishment of criminal conspiracy.
Indian Arms Act, 1959
- Section 25 – Punishment for certain offences
BACK STORY
This is an illegal smuggling case in which Jagdeo Singh @ Jagga (A-1), Gurdeep Singh Lahoria (A-2), Sukhwinder @ Sukhi (A-3) on 2nd July 2008 were arrested in FIR No. 77 of 2007 for dealing in drugs, illegal arms and fake currency in Delhi.
Briefly stating, On 23rd March 2007, Inspector Anil Dureja (PW-16) received information that Gurdeep Singh Lahoria (A-2), an active member of the Khalistan Zindabad Force (KZF) going to deliver a consignment of smack/heroin to a Nigerian at Mother Dairy, Pandav Nagar on a Pulsar motorcycle bearing No. DL 7SAZ 2142 with Jagdeo Singh @ Jagga (A-1). (PW-16) informed the ACP and constitute the raiding team to catch the (A-1) and (A-2) At 7:30 p.m. raiding team reach the spot and caught both accused at Patparganj Road, Ganesh Nagar crossing then during search both accused recovered with a pistol, one magazine and eight live cartridges and each accused (1-2) carrying 1kg of heroin and upon further investigation by Inspector Upendra Solanki (PW-17), an amount of Rs.28,740/-(27 currency notes of Rs.1000) and Rs.2,025/-(2 currency notes of Rs.1000 ) recovered from A-1 and A-2 resp. Both accused also disclosed they were in the business of drugs, arms, and ammunition as well as fake currency along with Sukhwinder @ Sukhi (A-3).
The recovered pistol, eight cartridges, samples of heroin sent to the FSL, Rohini. The report of the FSL confirmed that the currency notes were counterfeit and the samples contained a high percentage of diacetylmorphine (DAM).
The A-1 is having the SIM card bearing No. 9999579926 and A-2 recover with SIM card of the mobile No.9871060613 and 9910117964 .A-3 said that mobile No.9876933745 was used by him but he never indulges in this smuggling business. CDRs of the three accused tapped send to the FSL for their voice analysis and comparison. The A-2 was taken to CFSL Chandigarh to give his specimen voice samples but A-1 denied to give his voice sample because he said that Delhi police will manipulate his voice samples.
MEDICAL EXAMINATION REPORT
On 4th April 2007, the medical examination of the accused did by Dr. Anand Kumar (DW-1); Medical Officer attached with CJ-4 dispensary at Tihar Jail as A-2 complaint that he was badly beaten by police and forced to sign the documents. On examination “pattern bruises were found present over the left side of the back and he prescribed medication for the pain.
On 4th April 2007, Dr. Anand Kumar Chopra, the Medical Officer, Central Jail-1, did the medical examination of A-2 as he claimed that he was badly beaten by the police and had pain over his whole back so, on examination, pattern bruises were found present over the whole back, left arm upper and lower left thigh and the legs. A-1 was prescribed medication for the pain.
DRUGS ANALYSIS REPORT
The 4 packet of heroin seized from the A-1 and A-2 examined by Dr. Madhulika Sharma (PW-14), the FSL expert and it found that that the colour of the samples which received for analysis, which were of cream colour, could change to brown colour due to moisturization and the percentage of diacetylmorphine in the four samples, i.e., S-1, S-3, S-5, and S-7 showed that these were of commercial quantity
VOICE IDENTIFICATION REPORT
The voice identification of the A-1 done by Mr. S.K. Jain, Dy. Director, CFSL, Chandigarh (DW-3) who moved from Chandigarh to Delhi on 12th January 2009 to record the voice sample.
Four mobile phone Nos. 9876933745, 9317534945, 9811328172 and 9817060613 were under the surveillance of the Special Cell and were automatically saved in the server of the Special Cell and on the instructions of ACP Ravi Shankar conversation saved first from the computer system in a pen drive and then in a DVD which sent as questioned sample for voice spectrographic analysis. When the CDs played in Court, the call related information was reflected on the computer screen the graphs of the voice patterns. It showed that calls made during the period of February 2007 and March 2007, i.e., before the arrest of the accused. As per the report of Dr. Rajender Singh (PW-28), head of Foreign Voice identification Unit, CFSL proved that the questioned voice of A-3 in the taped conversations tallied with his specimen voice.
JUDGMENT
Voice samples not supported by any circumstantial pieces of evidence defense witness so the three accused i.e. A-1 Jagdeo Singh, A-2 Gurdeep Singh, and A-3 Sukhwinder Singh acquitted of the offences they have charged with; Jagdeo Singh @ Jagga (Accused No.1) (A-1)) for the offences under Section 21 (c) and 29 of the Narcotics Drugs Psychotropic Substance Act (‘NDPS’), Section 489 C and 120 B of the Indian Penal Code (‘IPC’) and Section 25 of the Arms Act; Gurdeep Singh (A-2) for the offences under Section 21(c) and 29 of the NDPS Act, 489 C, and 120 B IPC; and Sukhwinder Singh @ Sukhi (A-3) for the offences under Section 21(c) and 29 of the NDPS Act and 489-C and 120- B IPC.
A-1 to undergo twelve years of rigorous imprisonment (‘RI’) with fine of Rs.1.5 lakh for each of the offences under Sections 21 and 29 of the NDPS Act and in default to undergo simple imprisonment (‘SI’) for six months, and imprisonment for three years with fine of Rs.10,000 and in default to undergo SI for one month for each of the offences under Sections 489-C and 120-B IPC and further seven years RI and fine of Rs.50,000 and in default to undergo SI for three months for the offence under Section 25 of the Arms Act.
A-2 sentenced to RI for ten years with fine of Rs.1 lakh and in default to undergo SI for three months for each of the offences under Sections 21 and 29 of the NDPS Act, RI for three years and fine of Rs.10, 000-/- and in default to undergo SI for one month for each of the offences under Section 489-C and 120-B IPC.
A-3 sentenced to RI for fifteen years and fine of Rs.1.5 lakh and in default to undergo SI for six months for the offence under Section 29 and 21(c) of the NDPS Act and three years RI and fine of Rs.10, 000 and in default to undergo SI for one month and the offence under Section 489-C and 120-B IPC.
These all charges were cancelled by the court which imposed on them.