YASHPAL Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 15.07.2014 of learned Special Judge, NDPS in Sessions Case No.59/08 arising out of FIR No.14/06 at Police Station Kotwali by which the appellants Yashpal (A-1) and Subhash (A-2) were held guilty for committing offences punishable under Section 20 read with Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). By an order dated 22.07.2014, they were sentenced to undergo Rigorous Imprisonment for ten years with fine Rs. 1,00,000/- each under Sections 20/29 NDPS Act . Both the sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case as reflected in the chargesheet was that on 07.01.06 Satbir Singh (since acquitted) was found in possession of 1.7 kg of charas near car parking Upper Subhash Marg outside Old Lajpat Rai Market, Delhi. Allegations against the appellants were that they conspired to plant the contraband in Satbir's car to implicate him under the provisions of NDPS Act.

(3.) On 07.01.06 Inspector Khushal Singh, Incharge, Police Post Red Fort received an information at 4.45 p.m. from Police Post Kotwali that a Maruti car bearing registration No.HR-10F-0846 was coming to Lajpat Rai Market and there was contraband in the said car. Constable Nawal Kishore recorded this information vide Daily Dairy (DD) No.30 (Ex.PW-1/A). Investigation was assigned to HC Satbir Singh who along with Const. Jai Prakash left the police post for Lajpat Rai Market. They met PW-12 Khushal Singh at around 5.00 p.m. near Pagal Baba Temple, Old Lajpat Rai Market. The car was searched at about 5.20 p.m. parked near Main Subhash Road, Opposite Old Lajpat Rai Market. Satbir Singh, owner of the said car, was standing near it. On interrogation, he disclosed that an 'individual' had hired the vehicle for Rs. 650/- from Sonipat. It was further informed that the said 'passenger' along with his wife and daughter had left the car to make some purchases. After about 10-15 minutes, the said 'individual' came; kept a box in the car; and, left on the pretext to come back after purchase of a TV. Thereafter, he took the car to the side of GPO to avoid traffic challan. At around 4.30 p.m., he received a phone call on his mobile from the said 'individual' to bring the vehicle to old Lajpat Rai Market and he was waiting for him.