KEHAR SINGH @ KEHRI Vs. STATE

JUDGEMENT

(1.) THE appellant Kehar Singh is aggrieved from the judgment dated 07.11.2008 vide which he was convicted under Section 21 of NDPS Act for being found in possession of commercial quantity of heroine.

(2.) LEARNED Special Judge (NDPS), after hearing the appellant on the point of sentence on 12.11.2008, sentenced him to undergo RI for 10 years and also to pay a fine of Rs.1 lac and in default of payment of fine, to undergo SI for six months.

(3.) 05.2004 at about 11.00 am, a secret information was received by HC Vinod Kumar about the petitioner arriving near Nigam Bodh Ghat, Hanuman Mandir, Yamuna Bazaar, Delhi on Motorcycle No. UP -25 -P - 6765 between 12.00 noon to 1.00 pm for supplying heroine to someone. The secret information was communicated to the senior officers and the details were recorded vide DD No.11 Ex.PW5/A. On directions of the senior officers, raiding party was constituted consisting of SI Brij Pal, HC Vinod Kumar, HC Shakir Husain and Ct. Kuldeep Singh. The raiding party proceeded towards the spot in official vehicle bearing registration No.DL -1V -3570 driven by Ct.Tavender. The raiding party was well equipped with field testing kit and electronic weighing machine. 4. On reaching the main gate of Nigam Bodh Ghat, the official vehicle was parked and efforts were made to join some public person but none agreed.