ATTAR SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) In this appeal Attar Singh has challenged his conviction under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'Act') and the sentence of Rigorous Imprisonment for 10 years with a fine of Rs.1,000.00 or in default to undergo further Rigorous Imprisonment for two years Cr.A.129/92 vide judgement and order dated 16.7.92 by an Additional Sessions Judge, Delhi.

(2.) Charge under Section 18 of the Act was framed against the appellant on 28.10.1991 that on 6.1.1991 near Woodland Park, Najafgarh Road, he was found in possession of 1 Kg. of opium.

(3.) In nutshell, allegations against the appellant have been that on 6.1.1991 ASI Ranbir Singh was present with Inspector Rajinder Singh, SHO Police Station Rajouri Garden with other officials on patrol duty and reached near Taxi Stand Tagore Garden. Secret information was received at about 9.05 pm. that one person having opium would be coming from the side of Tilak Nagar and would be proceeding towards Tagore Garden via Subhash Nagar Mod. Accordingly, a raiding party was organised by ASI Ranbir Singh under the supervision of Inspector Rajinder Singh in which one Vinod from public was also joined. Attar Singh was apprehended at about 9.25 pm. at the pointing out of the informer.