HARI SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) On 4th November, 1983 SI Chander Prakash, PW-7 alongwith SI Kanta Prasad PW-6, Jagbir Singh PW-4, Constable Om Prakash and other members of the raiding party were patrolling in the area of Lajpat Nagar. At about 4 PM, secret information was received that at about 5 PM some persons peddling in heroin, a contraband and a dangerous drug under the provisions of the Dangerous Drugs Act, 1930, would be supplying heroin near the Bangla Desh Chansri. Raiding party was organized.

(2.) At 5.05 PM scooter No. DEQ 7815 driven by Bahadur Singh of which Kuldeep Singh was the pillion rider came from the side of Moolchand. Simultaneously, a motorcycle number 9416 was also seen coming which was driven by the petitioner Hari Singh; the pillion rider was Purshottam. The petitioner Hari Singh took out a packet from the basket of his motorcycle and gave it to his co-accused Purshottam. On the signal of the secret informer all the accused persons i.e. Kuldeep, Bahadur Singh and Purshottam were apprehended. Hari Singh, however, managed to flee. He was arrested subsequently i.e. three days later on 7/11/83. From the possession of the co-accused Purshottam one packet containing 1 kg. of heroin was recovered. FIR No. 539/83 was registered pursuant to the aforesaid recovery.

(3.) Another FIR i.e FIR No. 538/83 was registered against the other two persons, namely, Kuldeep and Bahadur Singh who were the driver and pillion rider of the scooter No. DEQ 7815. Separate recovery was effected from those persons.