FINAL HAQ Vs. STATE

JUDGEMENT

(1.) ON 2.6.2007 at about 2.20 PM a secret information was received by Inspector Joginder Singh PW -4 of Police Station Nabi Karim that two Afghan nationals namely Mohd.Nasir and Fazal Haq through another Afghan national Mohd.Rahim, would be supplying heroin near the Airlines Hotel. This information was reduced into writing vide DD No.23 -A Ex.PW -4/A. Ex.PW -4/A was forwarded to the senior officer Inspector Randhir Singh PW -6 who in turn apprised the ACP B.L.Meena PW -11.

(2.) THEREAFTER on the same day at 5 PM a raiding party was constituted headed by PW -4 comprising of PW -6, ASI Ashwani Kumar, Const.Pradeep, Const.Karam Singh, Const.Jahari and Const. Homender Singh. At the spot i.e. near the corner of Qutub Road/Arakansa Road near the Airline Hotel two persons whose names later on were revealed as Fazal Haq and Mohd.Nasir were seen coming towards the Airline Hotel. They started talking to a third person whose identity was revealed as Mohd.Rahim. At the pointing out of the secret informer the aforestated persons were apprehended. Since they were Afghan nationals and could not understand the Indian language an interpreter who was conversant with the Persian language namely Raghunath PW -1 was summoned. Independent witness Durga Dayal PW -2 had also joined the raid.

(3.) IN the course of the investigation Mohd.Nasir was searched first. He had a cloth belt tied around his waist from where four packets were found. These packets contained a whitish powder which when tested with the field testing kit, tested positive for heroin. The quantity of the said powder was 4 Kg. and 400 grams. Two samples of 100 grams each were extracted and the sample pulandas were seized and sealed with the seal of JS followed by the seal of the SHO i.e. RS. The contraband was seized vide memo Ex.PW -4/H; it was deposited in the malkhana on the same day. CFSL Form was filled in at the spot. Search of Fazal Haq and Mohd.Rahim was conducted vide memos Ex.PW -4/K and Ex.PW -4/L respectively.