RAJINDER KUMAR ALIAS TITOO Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) On the fateful day of July 14, 1988 at about 7.15 P.M. the appellant was arrested under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter called "the Act"). The allegation was that he was in possession of 1 Kg. of heroin. He was convicted and sentenced under Section 21 of the Narcotic Drugs and Psychotropic Substances Act on July 21, 1992. The appeal comes up today for final disposal.

(2.) Should I confirm the order or set him free? I feel he deserves freedom. The reasons are not far to seek.

(3.) The only witness from the public who was introduced to lend support to the alleged recovery has not supported the prosecution version. As if all this was not enough, we find that he himself had been falling prosecution in as many as four cases. Joining such a witness in a raiding party itself makes the entire investigation look inauspicious.