STATE Vs. RAMESH

JUDGEMENT

(1.) This application for criminal leave to appeal has been preferred by the State against the order of acquittal dated 07.03.2012 passed by the ld. Special Judge (NDPS), Shri Brijesh Kumar Garg, Karkardooma Courts, Delhi in Sessions Case No. 29 of 2010 arising out of FIR No. 130 of 2010.

(2.) The accused, Ramesh was facing trial for the offence punishable under Section 21 of the The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 on the allegations that on 03.09.2010 , at about 3.30 P.M. at Metro Station, Shastri Park behind Majar, Delhi, the accused was found in possession of 500 gms of heroin without any license or permit.

(3.) The case of the prosecution before the trial court was that S.I. Bhagwan Singh received a secret information 03.09.2010 regarding the possession of contraband by the accused, on which S.I. Bhagwan Singh produced the secret informer before Inspector Vivek Pathak and in pursuance thereof a raiding team was constituted , who went at the spot, where the accused was apprehended at the instance of the secret informer and thereafter, in compliance with the provisions of the NDPS Act, a notice under section 50, NDPS Act, 1985 was served upon the accused and the raiding party then proceeded to search the accused and recovered 500 gms of heroin from his possession. In light of these facts, the accused is liable to be convicted under the offence punishable under Section 21 ( c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.