Introduction

1. This appeal is directed against the impugned judgment dated 9th July 2013 passed by the learned Additional Sessions Judge/Special Judge-NDPS/South District, Saket Courts Complex, New Delhi in Sessions Case No. 46A/00 convicting the Appellant, Ambrose, for the offence under Section 21(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) for having been found in possession of 19 kg of heroin and the order on sentence dated 20th July 2013 whereby for the aforesaid offence he was sentenced to undergo rigorous imprisonment (‘RI’) for a period of 10 years and a fine of Rs 1 lakh and in default, to under simple imprisonment (‘SI’) for a period of six months.

2. At the outset, it requires to be noticed that there were two accused in the case. The Appellant herein was Accused No. 1 (‘A-1’) and Ajmer Singh was Accused No. 2 (A-2). Criminal Appeal No. 1171 of 2013 of A-2 was dismissed by this Court on 28th August 2014 on account of his failure to appear before the Court after being on bail.

The case of the DRI

3. The case of the Directorate of Revenue Intelligence (‘DRI’) is that on 7th February 2009 Madan Singh, Intelligence Officer (‘IO’) [PW-1] h