MOOL CHAND YADAV Vs. STATE

JUDGEMENT

(1.) Mool Chand Yadav (the appellant) challenges conviction in Sessions Case No.05/02/2009 arising out of FIR No.20/2008 registered at Police Station Crime Branch whereby he was held guilty for committing offence punishable under Section 18 (c) NDPS Act by a judgment dated 30.11.2011. By an order dated 16.12.2011 he was awarded Rigorous Imprisonment for ten years with fine Rs. 1,00,000/-.

(2.) Allegations against the appellant were that on 11.11.2008 at about 10.30 A.M. near DSOI Club, Dhaula Kuan, New Delhi, he was found in possession of 20kg of opium in contravention of provisions of NDPS Act. The prosecution examined 12 witnesses to establish appellant's guilt. In his 313 statement, he pleaded false implication and examined eight witnesses - Saradara Ram (DW-1), Vikram (DW-2), Dharam Chand (DW-3), Naresh Chand (DW-4), HC Onkar Singh (DW- 5), HC Ishwar Singh (DW-6), Const.Surender (DW-7) and Inspector Chand Mal (DW-8) in defence. On appreciating the evidence and after considering the rival contentions of the parties, the trial court, by the impugned judgment, held Mool Chand Yadav perpetrator of the crime and sentenced him as mentioned above. Being aggrieved, the appellant has preferred the appeal.

(3.) Prosecution's case is that on 10.11.2008 at about 09.00 A.M. secret information was received by SI Kuldeep Singh that Mool Chand and Udey Bhan, R/o village Behror (Rajasthan), well connected with local police/administration would come to Delhi in a day or two to deliver a consignment of opium. He conveyed the secret information to Insp.Akshay Kumar, SHO Crime Branch and Shri Sanjay Tyagi, ACP and produced the secret informer before them. SI Kuldeep Singh and SI Rajpal Singh were directed to develop the information in Rajasthan and Delhi respectively. On 11.11.2008, SI Rajpal Singh received a secret information that Mool Chand and Udey Bhan would come in between 10.00A.M. to 11.00A.M.for supply of consignment of opium near Bus Stand, Dhaula Kuan. After completing mandatory formalities, a raiding team was formed and left Crime Branch office along with the informer in official vehicle (TATA 407) No.DL-ILG-0798 driven by Ct.Surinder. On the way, SI Rajpal requested three individuals standing near Safdarjung Hospital and STD/PCO attendant and three author rickshaw drivers at Dhaula Kuan to join the raiding party but none of them obliged and expressed inability for various reasons. After briefing the staff, a 'nakabandi' was organized. At about 10.30 A.M.. Mool Chand was seen coming from bus stand towards Ring Road with a plastic container in his right hand. On checking, it was found to contain 20 kg opium. After completing the formalities, a complaint was sent to Duty Officer, Police Station, Crime Branch through HC Pramod Kumar for registration of the case. The case property was sent to SHO in compliance of Section 55 NDPS Act. Further case of the prosecution is that investigation of this case was assigned to SI Kuldeep Singh who went to the spot. An independent public witness Subhash joined the investigation. The investigating officer recorded statements of HC Laxman Parsad and Subhash under Section 161 Cr.P.C. The appellant was interrogated and arrested. In his personal search, cash Rs. 150/-, a wrist watch and a pink colour bus ticket from Behror to Delhi was recovered and seized. During the course of investigation, the case property was sent for analysis to FSL. The Investigating Officer recorded the statements of witnesses conversant with the facts and after completion of investigation submitted a chargesheet against the appellant in the court.