BALRAJ @ BANTE Vs. STATE

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant impugning the judgment 22.01.2011 and order on sentence dated 24.01.2011 passed in Sessions Case No.N-17/09 whereby he has been convicted for committing the offence punishable under Section 21(b) NDPS Act and sentenced to undergo RI for two-and-a-half years with fine of Rs. 25,000/- and in default of payment of fine, to undergo SI for six months.

(2.) Briefly stating, the prosecution case is that in the month of April, 2009, Inspector Rajinder Singh Sehrawat of Special Cell received an information that a person by the name Bante was engaged in trafficking of Narcotic Drugs in Delhi. Insp.Rajinder Singh deployed his source to trace Bante. On 21.04.2009 the secret informer informed him that Bante was residing in Tilak Nagar and at about 5.30 PM he would come outside the Metro Station at Janakpuri East to deliver narcotics to his associate. The said information was reduced into writing in the Daily Diary and also conveyed to the superior officers. On the directions of the superior officers, Insp.Rajinder Singh constituted a team comprising of SI Dharmender Kumar, SI Harender Singh, SI Rakesh Malik, ASI Sanjeev Lochar, ASI Anit Tyagi, HC Rajender Kumar, HC Rajbir Singh, HC Mohd. Iqbal, HC Hans Raj, Ct.Vijender Singh and Ct.Sandeep Kumar.

(3.) The raiding team alongwith the secret informer left the office at about 4.45 PM and reached Shivaji Road opposite Amar Leela Hospital Janak Puri and joined one public witness namely Praveen Kumar to witness the proceedings. They all reached the place of information at about 5.15 PM. At about 5.25 PM, the accused came walking from Uttam Nagar side with a blue colour bag on his right shoulder, who the secret informer identified as Bante. Thereafter Bante stood near the staircase of the Metro Station and started waiting for someone. At about 5.45 PM, Bante started moving towards Uttam Nagar side but he was surrounded by the police party. He was informed about the secret information and also about his legal right to get his search conducted in the presence of a Gazetted Officer or Magistrate. A notice under Section 50 of NDPS Act to the above effect was also served on him. In the reply written on the notice itself, he refused to get his search conducted before a Magistrate or a Gazetted Officer.