GOPAL SEN Vs. STATE OF DELHI

JUDGEMENT

(1.) A secret information from an informer was received by the Narcotics Branch of the Government of NCT of Delhi on 1. 10. 2005 that one Sunil @ Naniya, his sister and mother are indulging in the business of supply of smack. According to the information, Sunil @ Naniya got such smack from Rajasthan and Madhya Pradesh for supply in Delhi and on that day he had to get the smack from some trader at Railway Station, Delhi. Sunil @ Naniya was expected to travel on a scooter No. DL7s-U-3191 via Avantika Chowk,. Rohini around 6:30 - 7:30 a. m. towards his house at C-l, Sector-I, Rohini,delhi. Such information was recorded in DD entry No. 4 at 5:55 a. m. on 1/10/2005 and after some inquiry, the Narcotic department took necessary action for carrying out a raid. The scooter with two riders on it was apprehended. The scooter was being driven by Sunil @ Naniya while the petitioner was the pillion rider. The informer identified the two people and the petitioner was identified as the. trader. One black rexcin bag was recovered from Sunil @ Naniya and a recovery of 8 kgs. of heroine was made, which is alleged to be commercial quantity. The petitioner and Sunil @ Naniya were thereafter arrested and since then have been in judicial custody.

(2.) THE bail application was filed before the Special Judge (NDPS Act), which was rejected on 25. 4. 2007 and thus the present bail application has been filed.

(3.) LEARNED counsel for the petitioner contends that the charge sheet has been filed and three witnesses have been examined, who are informers. It is alleged that the petitioner is a victim of circumstances and has been falsely implicated and the confessional statement of the petitioner recorded in the presence of police officials is not admissible in evidence under Sections 25 and 26 of the Evidence Act, 1872. It is also submitted that there was no recovery made from the petitioner and the only thing alleged in, the FIR is the identification by the informer, which is of no evidential value.