DINESH KUMAR Vs. STATE, NCT OF DELHI

JUDGEMENT

(1.) The petitioner challenges the order dtd. 15/4/2021 passed by the Special Judge - 02 (NDPS), Tis Hazari Courts, New Delhi, dismissing the application filed by the petitioner herein under Sec. 91 Cr.P.C for summoning the call detail records (CDRs) and location chart and timeline of SI Mukesh Tyagi, Constable Ashish Kumar, SI Priyanka, Head Constable Rohit Solanki and Constable/Head Constable Ravinder.

(2.) As per the prosecution, on 2/12/2020, secret information was received by ASI Danvir Singh at about 09:30 PM in the office of Special Task Force (STF), Crime Branch, Sunlight Colony, New Delhi, that two persons will be coming in a white coloured Scorpio car at about 11:00 PM to supply Ganja to someone under Geeta Colony Flyover, Bypass, Ring Road, Delhi. The material on record discloses that the informer was produced before Inspector Sunil Kumar who verified the facts of the secret information and on being satisfied, Inspector Sunil Kumar and ASI Danvir Singh produced the secret informer before the ACP/STF, Pankaj Singh. ASI Danvir Singh was directed to form a raiding team and take necessary action. DD entry, being DD No. 11 was lodged at 10:00 PM and the copy of the same was forwarded to Inspector Sunil Kumar for proceeding further in accordance with Sec. 42 NDPS Act. A raiding team was formed consisting of Head Constable Virender Kumar, Constable Paramjeet, Constable Parvinder and Constable Shashi Kant and they departed along with the secret informer. Material on record discloses that the petitioner and one Sachin Kumar were apprehended near Geeta Colony Flyover, Bypass Ring Road, Delhi, when they were going in a white coloured Scorpio car bearing No. UP 17-J-5200. The requirements of Sec. 50 NDPS Act were complied with and 84.350 Kg Ganja was recovered. Accordingly, a case vide FIR No. 186/2020 dtd. 3/12/2020 Under Sec. 20/25 NDPS Act was registered at Police Station Crime Branch, New Delhi and investigation was handed over to Sub-Inspector Mukesh Tyagi, STF/Crime Branch.

(3.) During the course of Investigation in the present case, accused persons were interrogated and statement of witnesses were recorded. The petitioner herein was arrested at about 06:30 AM on 3/12/2020. Three mobile phones including one Micromax having two SIM Cards (Airtel & Vodafone belonging to UP West circle), One Samsung Duos (Golden Colour) having two BSNL SIM cards belonging to Orissa Circle and One Samsung Duos (Blue Colour) having two BSNL SIM cards belonging to Orissa Circle were recovered from the possession of the petitioner. Material on record discloses that the SIM cards were registered in different names. Material on record also discloses that two SIM cards registered in U.P were taken without permission and the other four SIM cards of BSNL belonging to Orissa circle were found to be issued on fake IDs. Material on record also discloses that heavy amount was transferred from the account of the petitioner to the account of the person who had supplied the recovered contraband.