Prosecution case, as detailed in judgment dated 09.05.2013 passed by learned Special Judge NDPS/South District, Saket Court, Delhi, is as follows:

On 22.09.2005 at about 4.00 p.m. PW1 Raman Mishra, Intelligence Officer of DRI, DZU, gathered an intelligence through some reliable source that a person of African origin carrying around 10 kg of narcotic drugs would be coming at bus stop, opposite Hotel Shipra, Shakar Pur, Delhi at about 9.30 p.m. on that day. The above information was immediately reduced into writing by him as Ex. PW1/A and the same was put up before PW10 Mr. Amitesh Bharat Singh, who was working as a Deputy Director in the office of DRI. PW10 called PW2 Mr. K K Dhasmana, Senior Intelligence Officer, and directed him to immediately constitute a team and to act upon the above information by mounting surveillance in the vicinity of the spot. The aforesaid information was also brought to the notice of the Senior Officers of DRI.

2. It is further alleged that two public witnesses were called at about 7.00 p.m. on the same day and they were told about the intelligence. A team of the DRI Officers, accompanied by the two public witnesses, left the office of DRI at about 7.30 p.m. and reached the above spot at about 8.30 p.m. Surveillance was kept at the spot. At about 9.15 p.m., one person of African origin, carrying a black zipper bag, came at the above spot and when the DRI Officers started approaching him, the said person tried to flee away from the spot and started running towards the Karkardooma Court on the sub-lane of ITO and Karkardooma Court Road. However, the members of the DRI team intercepted that person with the above black zipper bag. They disclosed their identities to the said person. The public witnesses were also introduced to him. The identity of the above person on enquiry was revealed to be the accused Rapheal, a permanent resident and native of the State of Nigeria residing at 254, Munirka Village, Near Anupam Restaurant, New Delhi. On enquiry, the accused admitted that he was carrying six packets containing about 7 KG of heroin in his above black zipper bag.

3. It is also alleged that a crowd gathered at the spot and PCR van was called to control and to disperse the mob. The complainant/IO Devender Singh also served a notice u/s. 50 of the NDPS Act Ex. PW9/A upon the accused and the accused replied in writing on the said notice itself that he did not require the presence of any Gazetted Officer or a Magistrate of DRI and his search and the search of his bag can be conducted by any officer of DRI. He also requested DRI Officers that his search may not be carried out at the above crowded place and the same may be taken in the DRI Office. As the mob still had not dispersed and the above place was not considered safe for carrying out the detailed search and other proceedings, the accused was taken by the DRI Officers to their office, along with the above black zipper bag. In the personal search of the accused conducted there, one wrist watch of Kawa make, one Indian 50 rupee note, one yellow metallic ring and a paper slip bearing telephone call details dated 22.09.2005 pertaining to phone numbers 094173840608, 09417384060 and 01884265273 was recovered. The above black zipper bag of the accused was having a stitched sticker of TM-ROW-JEANS written on it and in the search of the above bag, six packets were found therein which were wrapped in brown adhesive tapes. On removing these brown tapes and on further examination, the above packets were further found to contain a transparent polythene packet each, which were heat sealed and the above packets were marked from A to F for the purposes of identification. On cutting open, the said polythene packets were further found to contain light brown powder/granules and a pinch of the said powder/granules from all the packets was tested with the help of a UNO Field Drug Test Kit and the same gave positive result for heroin. The gross weight of the above