(1.) Introduction
(2.) At the outset, it requires to be noticed that there were two accused in the case. The Appellant herein was Accused No. 1 ("A-1") and Ajmer Singh was Accused No. 2 (A-2). Criminal Appeal No. 1171 of 2013 of A-2 was dismissed by this Court on 28th August 2014 on account of his failure to appear before the Court after being on bail.
(3.) The case of the Directorate of Revenue Intelligence ("DRI") is that on 7th February 2009 Madan Singh, Intelligence Officer ("IO") [PW-1] had received a secret information "that a person of Indian origin, around 30 years of age, 5 feet 7 inches tall, sporting trimmed beard, wheatish complexioned with medium built, wearing sky blue coloured striped T-shirt would be handing over some narcotic substance to a medium built African person in the evening hours between 7.30 pm to 8 pm on that day in the parking area outside the Majnu Ka Tila Gurudwara, Delhi." The secret information (Ex.PW-1/A) was recorded on 5.30 pm on that very day and was placed before Mr. K.K. Sood, (PW-7), Assistant Director, DRI Headquarters. Mr. Sood then called IO, Mr. D.P. Saxena, [PW-9] and directed him to take appropriate action.