VED PRAKASH ALIAS KALU Vs. STATE

JUDGEMENT

(1.) This appeal has been filed challenging the Judgment dated 27.02.2017 passed by the learned Additional Sessions Judge-02 (East)/Special Judge (NDPS), Karkardooma Courts, Delhi in Sessions Case No. 555/16 convicting the appellant under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "Act"). The appeal further challenges the order dated 06.03.2017 passed by the Special Judge (NDPS) sentencing the appellant to undergo Rigorous Imprisonment (RI) for a period of ten years with a fine of Rs. 1 lakh; in default of payment of fine, to undergo RI of one year.

(2.) It is the case of the prosecution that on 21.06.2011, HC Suresh (PW-5) was posted at Anti Robbery Cell, Nehru Place. At around 10 AM, a secret informer came to him and informed that around 12 noon one Mahesh alias Meshi and his companion, the appellant herein, who were residents of Jhuggis at Nehru Camp, Near Mother Dairy, Patparganj would come for supply of ganja in TSR bearing Registration No. DL 1RL 3268. He conveyed this information to ASI Surender Singh (PW-8). ASI Surender Singh (PW-8) made enquiries from the secret informer and further conveyed the information to Inspector J.S. Joon. Inspector J.S. Joon also made enquiries from the secret informer and thereafter conveyed this information to ACP Bir Singh Yadav, who directed further action to be taken as per law.

(3.) Asi Surender Singh (PW-8) thereafter constituted a raiding party consisting inter alia of himself, HC Suresh (PW-5) and Constable Anil Kumar (PW-3). Daily Diary Entry No.4 was also prepared by him. The raiding party left for the site and on the way requested public witnesses to join the investigation, to which all of them refused. Even at the spot public persons were asked to join the investigation, however, they left the spot without disclosing their identities.