OM PRAKASH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 15th February 2014 convicting the Appellant under Section 18(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( ''NDPS Act '') and the order on sentence of the same date sentencing him to undergo rigorous imprisonment ( ''RI '') for 15 years and a fine of Rs.2 lakhs and in default to undergo simple imprisonment ( ''SI '') for two years. Case of the Prosecution

(2.) ON 9th July 2011, at around 6.30 pm, a secret informer is stated to have come to the office of the Narcotics Cell at Shakar Pur, Delhi. He is stated to have given information to the effect that two persons, namely Om Prakash, the Appellant and Inder Dev, residents of District Mandsaur, Madhya Pradesh, who supplied opium in Delhi, Haryana and Punjab, would come in their own vehicle between 8.30 and 9 pm on the Outer Ring Road near Kali Mata Mandir, Rohini to supply opium to some person and that they could be apprehended at that time. This information was received by SI Rajbir (PW -10) who, upon being satisfied on making enquiries from the informer, produced him before Inspector Kuldeep Singh (PW -8). PW -8, after verifying the said information and being satisfied, informed Assistant Commissioner of Police ( ''ACP '') Bir Singh (PW -11) who in turn instructed him to carry out the raid proceedings.

(3.) A raiding team of PW -10, HC Laxman Prasad (PW -6) and Constable Sohan Pal (PW -1) was formed. The raiding party left the Narcotics Cell in an official car and reached the spot at around 8.20 pm. According to PW -10, at the time of leaving, the raiding party had taken an Investigation Officer ( ''IO '') bag, Field Testing Kit ( ''FTK ''), weights of 20 Kg, 10 Kg, 5 Kg, 1 Kg, 500 gms, 100 gms and 50 gms with a traditional weighing instrument. The informer also accompanied them. The departure of the team was recorded in DD No. 14. The vehicle was driven by HC Satyavan.