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1996 Supreme(Del) 538

S.K.MAHAJAN
PUSHPA DEVI – Appellant
Versus
STATE OF DELHI – Respondent


S. K. Mahajan,j.

( 1 ) ON August 28, 1989 a secret information was received on telephone at PS Mandir Marg that Charas was being sold in the Jhuggi of Radhey Shyam Pradhan and his wife was also involved in that trade. According to the information, one person was to come in their Jhuggi to take Charas. On receipt of this information, a raiding party was constituted which proceeded towards the Jhuggi of the Pradhan. On the way, the raiding party is alleged to have met the SHO at Gole Market who on being disclosed of the information also accompanied them. When they reached near Mata Ka Mandir, Raja Bazar, two public witnesses were also asked to accompany them. Nakabandi of Jhuggi No. 28 was effected. At about 8. 45 p. m. they saw one Ram Baran coming out of Jhuggi No. 28 with a bag of polythene. On being spotted by the informer, the said Ram Baran was apprehended. In the meantime, the appellant was seen coming out of Jhuggi No. 28 and hurriedly tried to proceed towards East. She was also apprehended. Two separate challans were filed against Ram Baran and the present appellant Pushpa Devi. While Ram Baran has-been acquitted of the charge under Section 20/61/85 of Narcotic Drugs and Psy












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