DHARAMBIR Vs. STATE

JUDGEMENT

(1.) The appellant Dharambir stands convicted, vide judgment dated 21st March, 2017, passed by the learned Special Judge (NDPS), Dwarka, of having committed the offence punishable under Section 18(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act"), as he was found to have been in possession of 30 kilos of opium. Vide separate order, dated 21st March, 2017, the appellant was sentenced to undergo rigorous imprisonment of 15 years with fine of 1.5 lakhs, with default sentence of two years simple imprisonment.

(2.) The appellant is in Appeal, before this Court, against the said judgment and order. Case of the prosecution

(3.) According to the prosecution, secret information was received, at about 8:15 p.m. on 6th February, 2012, that a person named Dharambir, resident of Mansa Ram Park, Uttam Nagar, would be coming alongwith his son, in a Maruti Zen car, No. DL 8CF 2191, below the metro station, Dwarka mor, between 10 p.m. and 11 p.m., and would be carrying opium with him. The said secret information was recorded by SI Satyawan (PW-4) and forwarded to Inspector Kuldeep Singh (PW-10) who further forwarded the information to ACP Beer Singh and directed SI Satyawan to conduct raid. Accordingly, a raiding team, comprising Ct. Surender Kumar (PW-2), Ct. Jai Prakash (PW-3), Ct. Satya Pal (not arrayed as a witness) and himself, was organised by SI Satyawan. The raiding team reached metro station, Dwarka mor at about 10 p.m. Public persons were asked to join the proceedings, but they refused to do so.