ORDER

1. THIS APPEAL IS FILED AGAINST THE JUDGMENT OF THE DELHI HIGH COURT DATED 9-3-2001. BRIEFLY STATED, THE FACTS ARE AS FOLLOWS:

ON 21-5-1993 SECRET INFORMATION WAS RECEIVED IN THE OFFICE OF SP/CBVSIU, XI, NEW DELHI THAT THE RESPONDENT IN CONNIVANCE WITH OTHERS WAS INDULGING IN THE ACTIVITY OF SUPPLYING AND SELLING HUGE QUANTITY OF CHARAS TO A NUMBER OF PERSONS IN NAJAFGARH AREA AND IN HARYANA ALSO. THE INFORMATION WAS THAT HE WAS LIKELY TO SUPPLY A HUGE QUANTITY TO AN UNKNOWN PARTY ON 22-5-1993 AT 3 P.M. NEAR DHANSA BUS-STAND, NAJAFGARH, NEW DELHI. THIS INFORMATION WAS REGISTERED IN THE OFFICE OF CBI AND THE CASE WAS ENTRUSTED TO THE DEPUTY SUPERINTENDENT OF POLICE, MEHAR SINGH.

2. ON 22-5-1993 THE SECRET INFORMER AGAIN CONTACTED THE DEPUTY SUPERINTENDENT OF POLICE AND CONFIRMED THE INFORMATION. ACCORDINGLY, THE DEPUTY SUPERINTENDENT OF POLICE MEHAR SINGH DISCUSSED THE MATTER WITH THE SP AND A RAIDING PARTY WAS ORGANISED UNDER THE SUPERVISION OF MEHAR SINGH WHICH CONSISTED OF THE FOLLOWING PERSONS:

MR. DILBAGH SINGH, MR. PHOOL KUMAR, MR. JAGDISH CHAND, MR. JAIBIR SINGH,

MR. RAJINDER SAXENA, AND MR. AJAY SINGH.

3. THE RAIDING PARTY REACHED THE SPOT AT ABOUT 2 P.M. AFTER PARKING