DHARAM SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal filed by Dharam Singh (hereinafter described as the appellant) directed against the judgment and order of sentence passed by the .Special Judge, Delhi dated 9th November, 2001 and 20th November, 2001 respectively. The learned trial court had held'the appellant guilty of the offence punishable under Section 21 of the Narcotic Drug and Psychotropic Substances Act 1985 (for short the Act) and by the subsequent order of sentence awarded him rigorous imprisonment of 10 years and a fine of Rs . 1 lakh.

(2.) The facts of the prosecution case in brief are that on 22nd June, 1998 Sub Inspector Prem Chandra had received a secret information that one person named Dharam singh who is a drug peddler would come between 4.30 PM and 5.00 PM via Vishnu Garden, Khyala Delhi. He would carry smack. This information was recorded in daily diary no. 15 and copy of which was sent to senior officer through the officer incharge of the police station. The officer incharge, police station informed the Assistant Commissioner of Police and directions were received to conduct the raid immediately.

(3.) A raiding party was organised comprising of Sub Inspector Prem Chandra, Inspector P. Chaubey, ASI Satbir Singh, head constable Bharat Singh and others. At about 3.30 PM they left the police station with the secret informer in a government vehicle. Departure entry was made by sub inspector Prem Chandra. They reached Khyala Road, Vishnu Garden, Delhi. The vehicle was parked at a distance.