JUDGMENT

S.P. Garg, J.

CRL.M.A.No.17607/2014 (Delay)

1. For the reasons mentioned in the application for condonation of delay in filing the appeal, the delay is condoned.

2. The application for condonation of delay is disposed of.

CRL. A. 1543/2014

3. Challenge in this appeal is to a judgment dated 18.11.2013 of learned Addl. Sessions Judge/Special Judge-NDPS in Sessions Case No. 71A/07 by which the appellants-Gurudev Singh and Mandeep Singh were held guilty for committing offences under Sections 21(c) and 29 of NDPS Act. By an order dated 25.11.2013, they were sentenced to undergo Rigorous Imprisonment for ten years with fine Rs.1 lac each under both the heads. The sentences were to run concurrently.

4. Briefly stated, the prosecution case as reflected in the complaint filed by Directorate of Revenue Intelligence (hereinafter referred to as `DRI') through Gurjit Singh, Intelligence Officer, was that on 07.05.2007, a secret information was received at DRI Headquarters by Kamal Kumar, Intelligence Officer at around 03.00 p.m. to the effect that a silver colour vehicle make Mahindra Scorpio bearing registration No. DL-7CC 8955, in which some narcotics drugs were concealed would arrive near Trilokpuri T-Point, adjacent to Block No.8 at Gazipur, Noida Road, Delhi in between 05.30 to 06.30 p.m. The secret information was reduced into writing (Ex.PW-1/A) and put up before Pankaj K.Singh, Deputy Director. He, after discussing the matter with Seniors, directed the Investigating Officer to take necessary action.

5. Further case of the DRI is that a raiding party was organised and two independent public witnesses PW-11 (Mohd.Idris) and PW-12 (Irfan Khan) were associated. The raiding team reached the spot and started maintaining surveillance there. At around 05.30 p.m., they spotted one silver colour Mahindra Scorpio vehicle bearing registration No. DL 7CC 8955 coming from the side of Khichripur. The vehicle was signalled to stop. It was being driven by the appellant-Mandeep Singh and the other occupant was the appellant-Gurudev Singh. They were apprised about the secret information and were shown search authorisation (Ex.PW-2/A). Since the spot being a crowded place was not conducive to conduct further search proceedings, the Investigating Officer asked both the appellants to accompany them to the office of DRI situated at Drum Shape Building, IP Bhawan, IP Estate, New Delhi to which they consented. Notices under Section 50 of the NDPS Act (Ex.PW-3/A and Ex.PW-3/B) respectively were served upon the appellants there. Search of the vehicle resulted in recovery of 33 transparent polythene packets containing a cloth packet each, stuffed with some off-white colour powdery/granular substance. Out of 33 packets, 10 packets were found in a light green colour shoulder bag placed in the space for leg room between the front and the middle seat; 12 packets were found concealed beneath the foot mat of the middle and rear seat and the remaining 11 packets were found concealed inside the Stepney of the vehicle.

6. Further case of the DRI is that all the said packets when opened in the DRI Office situated at 7th floor were found to contain white colour cloth bags. On opening the cloth bags, it was found that 23 cloth packets were containing a single layer transparent polythene packet, each containing some off-white colour granular/powdery substance and the other 10 packets were found containing double layer of transparent polythene containing similar off-white colour granular/powdery substance. These packets were opened one by one and a sharp pungent smell was found emanating therefrom. A small quantity of substance was taken from each of these packets and was tested individually and it gave positive results for heroin. Gross weight of the packets was found to be 34.022 KG and the net weight came to be 33.065 KG. Some documents including photocopies of RC, Insurance Certificate, Pollution Certificate, Delivery Receipt, Toll payment slips an