MAHINDER SINGH @ SONU Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order on sentence dated 16.03.2007 delivered in Sessions Case No. 196/2006 arising out of FIR No. 548/2001 registered at P.S Tilak Nagar. By the impugned judgment the appellant stands convicted under section 21 of the NDPS Act and has been sentenced to undergo RI for 10 years besides payment of fine of Rs. 1,00,000 (Rupees One Lakh) and in default of payment of fine to further undergo RI for one year.

(2.) BRIEFLY stating, the case of prosecution is that on 10.08.2001, at about 7.00 PM, the SHO received an information from a secret informer that at around 7.30 PM one person would come on Black color Yamaha motorcycle bearing number DL 4S C 8136 from CRPF Camp, Tilak Vihar and would be having smack. On that basis after recording the said information vide DD No. 27A a raiding party was constituted and FIR was registered. Four/Five passerby were requested to join the raiding party but none of them joined, except Balwinder Singh s/o Jang Singh, who during the course of trial has appeared as PW-2.

(3.) THE appellant has assailed the judgment of conviction and the order on sentence primarily on the following grounds :