RAM PRAKASH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 2nd July 2014 passed by the learned Special Judge in SC No. 68 of 2011 convicting the Appellant for the offence under Section 20(b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS"), and the order on sentence dated 8th July 2014 sentencing him to undergo rigorous imprisonment (RI) for 11 years and to pay fine of Rs. 1.25 lakhs and in default to undergo simple imprisonment ("SI") for six months.

(2.) ASI Mahender Singh PW-9 stated that on 4th June, 2011, at around 1.30 pm a secret informer conveyed to him that Ram Prakash (the Appellant), resident of District Ambedkar Nagar, Uttar Pradesh and presently residing in Jahangir Puri and who was indulging in the supply of ganja in Delhi would come to the Old Delhi Railway Station at around 3.30 pm, would load ganja from the parking lot situated towards Western side and then proceed to Jahangir Puri. PW-9 apprised Inspector Kuldeep Singh (PW-10) posted at the Narcotics Cell, Shakarpur. He recorded DD No. 14 at around 2 pm. PW-10 made enquiries from the informer and after being satisfied passed on the information telephonically to Mohd. Iqbal, Assistant Commissioner of Police ("ACP") Narcotics. Daily Diary ("DD") No.14 dated 4th June 2011 was received by the Head Constable ("HC") Om Prakash (PW-2) and was entered in Diary No.996. The said DD entry according to PW-2 was placed before the ACP Mohd. Iqbal, who after going through its contents, put his initials thereon. The ACP ordered a raid to be conducted.

(3.) PW-9 constituted a raiding party of comprising himself, PW-2, HC Mukesh (PW-4), HC Braham Dev, HC Rajesh and the secret informer. PW-9 took with him the Investigating Officer ("IO") kit bag, field testing kit, electronic weighing machine and spring weighing scale. He is stated to have made departure entry vide DD No. 15 at around 2.15 pm, before leaving the Narcotic Cell in a government vehicle driven by HC Rajesh Kumar.