MEETA DEVI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) I have heard the counsel for the parties. The respondent Delhi Police has filed status reports as well as reply affidavit.

(2.) As per the respondents, on 17th September, 2007 on the basis of secret information, nakabandi was done and at about 9.15 P.M. and two persons were seen coming from D Block, Nand Nagri. The informer pointed out and identified the said two persons. They were stopped and were asked to identify themselves. They gave their names as Om Prakash and Bijender. As it was suspected that they were carrying narcotics, a written notice under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short) was served on Om Prakash. In the meanwhile persons from nearby gathered at the spot and started obstructing and pelting stone at the policemen. Bijender ran away from the spot but Om Prakash was apprehended. The allegation of the prosecution is that on search of Om Prakash, a transparent polythene bag containing brownish material was recovered from the right side pocket of his shirt. It is alleged that ASI Devender had suffered injuries because of stone pelting and was taken to GTB Hospital. Two other police officers ASI Rishiram and Head Constable Bijender had also sustained injuries and required medical attention. The transparent polythene bag recovered from Om Prakash was found to be weighing 300 Grams. It is alleged that this powder is smack. FIR No.802/2007 under Sections 186/353/332/34 Indian Penal Code, 1860 (IPC for short) and Sections 21/61/85 NDPS Act, police station Nand Nagri was registered.

(3.) It is the prosecution case that Om Prakash was interrogated and he had made a disclosure statement that he along with Bijender were going to supply smack to one Tilak Raj of Mangol Puri. Om Prakash had stated that relatives of Bijender had pelted stone and helped Bijender in escaping from the spot.