RAVINDER KAPOOR ALIAS RAVI Vs. STATE

JUDGEMENT

(1.) - Ravindra Kapoor @ Ravi s/o Shri Sadhu Ram was tried for the offence under See. 21 of the Narcotric Drugs and Psychotropic Substances Act, 1985 (for short the Act) by an Additional Sessions Judge, New Delhi. The allegations against him had been that on 29th September 19S6 at 7.00 P.M. at parking place near Kapur Di Hatti and in the area of P.S. Connaught Place was found in possession of 350 grams of Heroin. He was convicted for the said offence and sentenced to R.1. for 10 years with a fine of Rs. 1 lac or in default to undergo R.1. for two years by an Additional Sessions Judge, New Delhi vide judgement and order dated 19th April, 1990.

(2.) Peeling aggrieved from his conviction and sentence Ravinder Kapoor has filled this appeal.

(3.) Briefly stated the facts leading to the filing of this appeal are that on 23-9-1986 S I. Lakshmi Chand (Public Witness 2),S.I. Surinder Singh PW4 SI Om Prakash (Public Witness 8), ASI Jagpal Singh, Constable Harbir Singh (Public Witness 7) and other official of the crime branch were present Narula Restaurant. Connaught Place in connection with the detection and prevention of crime regarding Narcotic Drugs. Inspector Shamsher Singh was heading the party. At aboot 6.33 P.M. a secret information was received by S.I. Lakshmi Chand when Shri 0m Parkash was also present with him that two persons would be coming to the parking area from the side of the Odeon Cinema having heroin with them to be supplied to some other persons. Accordingly a raiding party was organised by S.I. Lakshmi Chand under the supervision of Inspector Shamsher Singh in which all the police officials were joined. Aa attempt was made by S.I. Lakshmi Chand to include persons from the public and with this intention a request was made to 8 to 10 passers by who declined to join the raiding party. Accordingly a nakabandi was held in the parking area in front of Kapur Di Hatti and at 7.00 P.M. two persons came who were apprehended at the pointing out of the informer. These persons on enquires gave their names as Ravinder Kapoor and Shani Kumar @ Sikander.