SUMER SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) The appellants Sumer Singh and Balbir Singh have been convicted for the offence under Sec. 20 of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as NDPS Act, 1985) and have been sentenced to undergo rigorous imprisonment for ten years, fine of Rs. 1,00,000/ - and in default of payment of fine, further rigorous imprisonment of one year by judgment and order dated 13.04.2011/19.04.2011 passed by the Special Judge, NDPS in Sessions Case No. 04/09 arising out of FIR No. 470/2008 (P.S. Jahangir Puri).

(2.) The case of the prosecution is that on 19.09.2008 at about 12:15 p.m., secret information was received by SI Sunil Kumar (PW14) that between 1:30 p.m. to 2:30 p.m., contraband (charas) would be delivered to accused Yogesh and appellant Sumer Singh. The information provided was that the consignment of the contraband would come in a truck bearing registration No.JK -02 -AD -4765, which truck would reach Shimla Gate, Fruit Mandi, Azad Pur, Shalimar Bagh Road, Delhi between 1:30 p.m. to 2:30 p.m. The information was very specific. The informer stated that charas has been kept in three cartons of apples, which are in driver's cabin.

(3.) On receipt of such information, SI Sunil Kumar (PW14) produced the secret informer before ACP, Joy Tirkey, and also reduced the secret information in writing (DD No. 7). As directed by ACP Tirkey, a raiding team was constituted comprising HC Rajinder, HC Kanwar Pal (PW13), HC Dharamvir (PW12), Ct. Amit, Ct. Atul, Ct. Devender, Ct. Ajit (PW9), Ct. Raj Kumar, Ct. Sunil and Ct. Manoj. The raiding team along with the secret informer and SI Sunil Kumar reached the spot.