JAGROOP SINGH @ CEETA Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) Aggrieved by a judgment dated 01.02.2014 of learned Special Judge in Sessions Case No.02A/09 in a case titled 'Directorate of Revenue Intelligence vs. Jagroop Singh @ Ceeta and others', whereby Jagroop Singh @ Ceeta (A -1) and Aqil (A -2) were held guilty for committing offences under Section 21(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (In short 'NDPS Act'), they have filed the instant appeals. By an order dated 06.02.2014, they were sentenced to undergo RI for ten years with fine Rs.1 lac each each.

(2.) Briefly stated, in the complaint case instituted by Directorate of Revenue Intelligence (In short 'DRI') allegations against the appellants were that on or before 19.07.2008, they hatched criminal conspiracy to deal in supply of narcotics drugs i.e. heroin, a contraband substance. On 19.07.2008, they both were apprehended near Yamuna Vihar Bus Depot being in possession of 8.932 kg. heroin (having purity from 0.97% to 34.9%).

(3.) On 18.07.2008 at about 05.10 p.m., PW -1 (Sujeet Kumar), Intelligence Officer, received a secret information that two individuals would bring some narcotics concealed in a silver colour Toyota Innova car bearing registration No. PB 08 BD 9648 to deliver it to someone at Yamuna Vihar Bus Depot, Delhi at about 01.30 a.m. on the night intervening 18/19.07.2008. The secret information (Ex.PW -1/A) was reduced into writing and put up before PW -2 (P.K.Singh). PW -3 (R.Roy) was instructed to take necessary action for seizure of the contraband substance. A raiding team was organised and two independent public witnesses ­ Azim Khan and Annu were associated therein. At around 01.30 a.m. the aforesaid vehicle was found coming at the spot. It was occupied by two male individuals who parked the vehicle opposite bus depot and remained seated therein. The DRI officials continued to keep a discreet watch over them. The individuals waited for 15 ­ 20 minutes and when none arrived, the driver started the vehicle to move. On that, the said vehicle was intercepted. The DRI officials introduced themselves to both the occupants. A -2 had driven the said vehicle and A -1 was sitting adjacent to him on the front seat. They were shown Search Authorization (Ex.PW -3/A).