RAJIV KUMAR Vs. STATE

JUDGEMENT

(1.) On 30/07/1988 Rajiv Kumar s/o Shri Jatinder Singh was convicted under S. 20 Part II of the Narcotic Drugs and Psychotropic Substances Act (for short the Act) by Addl. Sessions Judge, New Delhi. He was sentenced to R.I. for 10 years with a fine of Rs. 1 lac with a further direction that in case of default in the payment of fine he would undergo further R.I. for two years. Feeling aggrieved from his conviction and sentence Rajiv Kumar has filed this petition.

(2.) Briefly stated the facts as contained in rukka sent by S.I. Balram Solanki which forms the basis of the FIR No. 286 dated 26/10/1986 are as under :

(3.) On 26/10/1986 S.I. Balram Solanki had a secret information that about 20 days earlier two boys resident of Bihar had taken on rent a room in Bapudham and their activities indicated that they had been dealing in some drugs after bringing the same from Bihar and that they had gone to Bihar about 4-5 days back and were expected to return that day. Accordingly a raiding party was organised by the S.I. in which he joined HC Bhup Singh, Constable. Ram Niwas, Constable Nand Kishore and Constable Rajvir Singh and held a nakabandi near Jesus and Marry College opposite Bapudham at about 10.00 a.m. A request was made to 5-6 passers-by to join in the raiding party but they all went away without disclosing their names and expressing their inability to render assistance to the police officers.