LAWS(DLH)-2020-9-122

GIRDHARI LAL BHAGAT Vs. DIRECTORATE OF INTELLIGENCE

Decided On September 25, 2020
Girdhari Lal Bhagat Appellant
V/S
Directorate Of Intelligence Respondents

JUDGEMENT

(1.) The learned counsel for the parties were heard through videoconferencing.

(2.) The appellant has filed the present appeal impugning a judgment dated 10.03.2016, whereby he was convicted of an offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred to as 'NDPS Act). He also impugns an order dated 29.03.2016, whereby he was sentenced to twelve years of rigorous imprisonment with a fine of Rs. 100,000/- and in default of payment of fine to undergo simple imprisonment for a period of one year for the offence under Section 21(c) of the NDPS Act.

(3.) It is the prosecution's case that on 02.02.2010 at about 06:10 pm, Guljeet Singh, Intelligence Officer, DRI (HQ) received secret information that a truck bearing Registration No. JK 08A 2037 would be parked near Gurudwara Siraspur, Delhi at about 08:00 on the next day (that is, 03.02.2010). The said truck would be carrying the narcotic drugs and if the same is searched, the 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.