1. The appellant Dharambir stands convicted, vide judgment dated 21st March, 2017, passed by the learned Special Judge (NDPS), Dwarka, of having committed the offence punishable under Section 18(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “NDPS Act”), as he was found to have been in possession of 30 kilos of opium. Vide separate order, dated 21st March, 2017, the appellant was sentenced to undergo rigorous imprisonment of 15 years with fine of Rs.1.5 lakhs, with default sentence of two years simple imprisonment.

2. The appellant is in Appeal, before this Court, against the said judgment and order.

Case of the prosecution

3. According to the prosecution, secret information was received, at about 8:15 p.m. on 6th February, 2012, that a person named Dharambir, resident of Mansa Ram Park, Uttam Nagar, would be coming along with his son, in a Maruti Zen car, No. DL 8CF 2191, below the metro station, Dwarka mor, between 10 p.m. and 11 p.m., and would be carrying opium with him. The said secret information was recorded by SI Satyawan (PW-4) and forwarded to Inspector Kuldeep Singh (PW-10) who further forwarded the information to ACP Beer Singh and directed SI Satyawan to conduct raid. Accordingly, a raiding team, comprising Ct. Surender Kumar (PW-2), Ct. Jai Prakash (PW-3), Ct. Satya Pal (not arrayed as a witness) and himself, was organised by SI Satyawan. The raiding team reached metro station, Dwarka mor at about 10 p.m. Public persons were asked to join the proceedings, but they refused to do so.

4. At about 10:20 p.m., a person came to the spot in a Maruti Zen car No. DL 8CF 2191. He was identified by the secret informer, as Dharambir, i.e. the present appellant. The appellant alighted from the car and waited for about 10 minutes. When he was about to leave, he was apprehended by the raiding team. He was apprised, by the raiding team, of his right to be searched before a Gazetted Officer or a Magistrate, and a notice under Section 50 of the NDPS Act (Ex. PW-3/A) was also served on him. However, it is contended that the appellant declined the said right, whereupon SI Satyawan conducted search of the appellant as well as the vehicle. Though nothing incriminating was recovered from the appellant, two containers, closed with lids were recovered from the rear seat of the Maruti car. On opening these containers, they were found to have a sticky black coloured substance, kept in a polythene bag. Testing of the said substance, using the Field Testing kit carried by the raiding team, disclosed the substance to be opium. On weighment, the two polythene bags weighed 14 kgs and 16 kgs respectively. Two samples, of 50 gms each, were taken from the polythene bags, and kept in separate parcels, marked A1, A2 and B1, B2. The remaining opium was retained in the respective containers, which were marked with marks A and B respectively. FSL form was filled, and the parcels were sealed by SI Satyawan.

5. Rukka was prepared and, on the basis thereof, FIR 29/12, under Sections 18 and 25 of the NDPS Act, was registered at PS Crime Branch.

6. The seized case property was sent to the SHO Inspector C.R. Meena (PW-9), who deposited the same in the malkhana after affixing his seal thereon.

7. Investigation of the case was, thereafter, entrusted to SI Bheem Singh (PW-11), site plan was prepared and statement of witnesses recorded. The seized samples were sent to FSL for chemical examination, which revealed the substance to be opium.

8. On 29th September, 2012, charges, under Sections 18 and 25 of the NDPS Act were framed against the appellant, who pleaded not guilty and claimed trial. Evidence

9. The prosecution examined 12 witnesses, of which the following alone are relevant.

10. PW-4 SI Satyawan and PW-10 Inspector Kuldeep Singh deposed regarding receipt of initial information and preparations for the search. PW-4 SI Satyawan proved the copy of DD No. 38, recorded by him, regarding the receipt of secret inf