MUKESH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This appeal is directed against the Judgment of Mr. S.L. Khanna, Additional Sessions Judge, New Delhi, dated 7th August, 1990 The learned Additional Sessions Judge convicted the appellant under Section 201 of the N.D.P.S. Act, and sentenced him to undergo rigorous imprisonment for 10 years and a fine of Rs.l lakh. In default of payment of fine, accused was directed to further undergo R.I. for one year.

(2.) Brief facts necessary to dispose of this appeal arc recapitulated as under: On 4.7.1986, Inspector Ishwar Singh (Public Witness -5) who was a Sub Inspector at the relevant time, was present near Biria Mandir on patrol duty along with ASI Sri Kishan (Public Witness -2), A.S.I. ShivNand Tyagi (Public Witness -4) and some other constable At about 9-10 p.m. he received a secret information that a person would come on a two wheeler scooter from the side of Cole Dak Khana via Kali Bari Marg and would go towards Mandir Marg and that he would be carrying smack (heroin).

(3.) Inspector Ishwar Singh on receipt of this information constituted a raiding party and requested 4-5 persons to join the raiding party but was able to persuade only Shri Brahm Shankar Sharina (Public Witness -6) and he was associated in the investigation. Naqabandi was conducted at the corner of Kali Bari Marg and Mandir Marg At about 9.30 p.m.accused Mukesh came from the side of Col Dak Khana driving a scooter No. DEJ-2405. He was stopped and apprehended at the pointing out the informer. Immediately thereafter, the S.H.O. of P.S. Mandir Marg rcached there. In the presence of the S.H.O. secret information was disclosed to the accused 70 and he was informed that he could be searched before a Gazetted Officer. On search, an envelope containing 15 grams of smack was recovered from the accused. On the strength of the prosecution evidence, the learned Additional Sessions Judge convicted the appellant under Section 21 of the N.D.P.S. Act.