Badar Durrez Ahmed, J.

1. The case for the prosecution is that on 05.07.2004, a secret information was received by the Narcotic Control Bureau, Delhi that a blue coloured Maruti 800 car bearing registration No.HR-26A-2048 carrying narcotic drugs would arrive for delivery in New Delhi on 05.07.2004 itself. A search authorisation was issued in favor of H.K. Pandey, Intelligence Officer, NCB, New Delhi and his associates and these officers apprehended the said vehicle at about 8.45 p.m. on 05.07.2004 near the Bus Stand (Near Purti Canteen of CRPF of R.K. Puram, New Delhi). The present petitioner (Kamaljeet Singh) and one Virender Sharma were apprehended. Allegedly, one polythene bag marked "School Uniform Libas Internation" was recovered under the seat where the petitioner had been sitting. This seat was adjacent to the driver's seat. On opening the polythene bag, two further packets were found, one of which is said to have contained 875 gms of heroin and the other 1.25 kgs of opium. After investigation, a complaint was filed and therein it was recorded that the accused made a voluntary statement on 05.07.2004 under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act'), whereby the accused/petitioner herein is said to have admitted the aforesaid recovery, seizure and other incriminating facts.

2. It is stated in the complaint that the petitioner admitted that on 04.07.2004, he was considering to visit Faridabad for some work and he called his friend Virender Sharma the same day, who is a resident of Jammu and told him that he was planning to go to Faridabad in the evening and that if he had time, he may accompany him as he would take his own vehicle and the same would be driven turn by turn by the two of them. It was stated that they would also meet his father in Delhi. The said Virender Sharma is said to have agreed to this proposal and while they were sitting in his house, a person known to the present petitioner, whose name was Balbir, came and asked them what they were discussing. The petitioner is said to have informed the said Balbir about their proposed plan to go to Faridabad and Delhi. The said Balbir, after taking tea with them, left and returned after about 1 to 11/2 hours and told them that he too was to go to Delhi for some urgent work but due to some reasons he was unable to go. However, he (Balbir) had to give some goods to his friend Ravinder in Delhi and if the petitioner could take the same, then he would arrange to send the goods through his friend Ashok, who would deliver the same to him at Satwari Chowk. He also told the petitioner that Ashok was a resident of Rehari Bus Stand. The petitioner gave Balbir his vehicle number and Balbir told him that he need not contact Ashok and Ashok himself would reach Satwari Chowk and would meet them in their vehicle.

3. As agreed, on 04.07.2004, the petitioner and Virender Sharma are said to have departed from their home in the evening and reached Satwari Chowk. After some time one boy came to them and disclosed his name as Ashok and said that he has been sent by Balbir and he handed them a polythene bag. The petitioner kept this polythene bag under his seat and they drove off to Faridabad. The petitioner and the said Virender Sharma reached Faridabad in the morning on 05.07.2005 and stayed with his brother. During the day, the said Balbir telephoned and informed the petitioner that Ravinder would meet them in the evening in Delhi in front of CRPF Canteen, Sector-1, R.K. Puram, which is opposite the Fire Brigade and he had given his vehicle number to him. He said that Ravinder would meet them and on his demand, the polythene packet may be delivered to him. It is further stated that the petitioner and Virender Sharma reached the designated place, i.e., the said CRPF Canteen at about 8 p.m. on 05.07.2004 and waited for Ravinder in their vehicle. However, after some time, some persons surrounded them