RADHEY SHYAM Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) RADHEY Shyam and Chottey Lal, the Appellants herein have preferred the instant appeals against the impugned judgment of Special Judge, NDPS, Delhi dated 21st January, 2008 and the consequent order on sentence dated 24th January, 2008 whereby the Appellants have been found guilty and convicted for the offences punishable under Section 18 of the NDPS Act and sentenced to undergo RI for the period of 10 years each with fine of Rs. 1 lakh each, in default of payment of fine, to undergo SI for one month each.

(2.) BRIEFLY stated, case of the prosecution is that on 02nd June, 2004 at about 9.00 a.m., SI Sunil Kumar (PW8) of P.S. Narcotics Branch, Kamla Market received a secret information that four persons namely Radhey Shyam, Chottey Lal, Bagadi Ram and Bhairon Lal would bring Opium for supply in Delhi, Haryana and Punjab and that they would come to a place near Mori Gate between 10.30 to 11.30 a.m. This information was recorded as DD No. 8 dated 2.6.04 at police station Narcotics Branch. SI Sunil Kumar (PW8) organized a raiding party comprising of self and five others namely Head Constable Harcharan Singh (PW1), Head Constable Omkar Singh, Head Constable Kuldeep Singh (PW9), Constable Kheta Ram (PW3) and Constable Rajbir Singh. The police party left for Mori Gate with testing kit and an electronic weighing machine. 'Nakabandi' was held at Mori Gate Chaimbry. At about 11.00 a.m., above referred four persons were spotted coming from the side of Tis Hazari Courts. They were apprehended on the pointing of informer. Appellant Chottey Lal was carrying a white colored polythene bag containing a transparent polythene bag which was found to contain 7 Kgs. of Opium. Out of the recovered Opium, two samples of 25 gms. each was drawn. The samples sealed as well as remaining Opium were sealed in separate packets and taken into possession.

(3.) IT is the case of the prosecution that the Opium recovered from the accused persons and respective samples were sealed with the seal of 6A PS NB DELHI.