LAWS(DLH)-2014-9-15

STATE Vs. PATRICK

Decided On September 01, 2014
STATE Appellant
V/S
PATRICK And ORS Respondents

JUDGEMENT

(1.) Crl. L.P. No. 33 of 2014

(2.) The Special Cell is stated to have received, a few days prior to 26th March 2009, an information that one Afghani national and his Indian wife were indulging in drug trafficking and that the couple was trying to sell a large quantity of narcotic drugs procured from Afghanistan to prospective customers. At around 7 pm, on 26th March 2009, a secret informer informed Sub-Inspector ("SI") Girish (PW-2) that the Afghani national and his wife would be coming to a place opposite Khalsa College besides the ganda nala at 9:30 pm to deliver narcotics drugs to an African national. After the information was conveyed to the senior officers and as per their instructions, a raiding team comprising Inspector Badrish Dutt, Women SI Neeru Bhakuni (PW- 7), SI Girish Kumar, SI Dinesh Pal (PW-12), ASI Rajender Singh and Constable Nand Kishore reached the spot at around 9pm where the informer was also present.

(3.) According to PW-2, he requested 5-6 passersby to join the raiding team but none agreed. Thereafter, the raiding team took position besides the ganda nala, near gate No.1 of the Mall Apartment, opposite Khalsa College and started waiting. At around 9:40 pm, one dark blue colour Honda Activa (two-wheeler) came from the side of Model Town and the secret informer identified both the driver and the pillion as the Afghani national and his wife. The Afghani national was carrying a black colour laptop bag on his back across his shoulder. The two-wheeler stopped and the suspects started waiting for someone.