J U D G M E N T

11.02.2015 Introduction

1. These appeals are directed against the judgment dated 21st December 2013 passed by the learned Special Judge, NDPS in SC No. 82 of 2008 convicting Jagdeo Singh @ Jagga (Accused No.1) (A-1) (Appellant in Crl.A. No. 527 of 2014) for the offences under Section 21 (c) and 29 of the Narcotics Drugs Psychotropic Substance Act („NDPS‟), Section 489 C and 120 B of the Indian Penal Code („IPC‟) and Section 25 of the Arms Act; Gurdeep Singh (A-2) (Appellant in Crl.A.No. 529 of 2014) for the offences under Section 21(c) and 29 of the NDPS Act, 489 C and 120 B IPC; and Sukhwinder Singh @ Sukhi (A-3) (Appellant in Crl. A. No.607/2014) for the offences under Section 21(c) and 29 of the NDPS Act and 489-C and 120- B IPC.

2. The appeals are also directed against the order on sentence dated 30th January 2014, sentencing A-1 to undergo twelve years of rigorous imprisonment („RI‟) with fine of Rs. 1.5 lakh for each of the offences under Sections 21 and 29 of the NDPS Act and in default to undergo simple imprisonment („SI‟) for six months, and imprisonment for three years with fine of Rs.10,000 and in default to undergo SI for one month for each of the offences under Sections 489-C and 120-B IPC and further seven years RI and fine of Rs.50,000 and in default to undergo SI for three months for the offence under Section 25 of the Arms Act. All three sentences were directed to run concurrently. A-2 was sentenced to RI for ten years with fine of Rs.1 lakh and in default to undergo SI for three months for each of the offences under Sections 21 and 29 of the NDPS Act, RI for three years and fine of Rs.10,000 and in default to undergo SI for one month for each of the offences under Section 489-C and 120-B IPC; further A-3 was sentenced to RI for fifteen years and fine of Rs.1.5 lakh and in default to undergo SI for six months for the offence under Section 29 and 21(c) of the NDPS Act and three years RI and fine of Rs.10,000 and in default to undergo SI for one month and for the offence under Section 489-C and 120-B IPC. The aforementioned sentences were directed to run concurrently with the sentences already imposed upon A-1 in FIR No.164 of 2007 at Police Station („PS‟) Sidhwabet.

Case of the prosecution

3. The case of the prosecution is that Inspector Anil Dureja (PW-16) received a secret information on 23rd March 2007 that Gurdeep Singh Lahoria (A-2), an active member of the Khalistan Zindabad Force (KZF), who was involved in smuggling of drugs along with his accomplice Jagdeo Singh @ Jagga (A-1) was going to deliver a consignment of smack/heroin to a Nigerian at Mother Dairy, Pandav Nagar on a Pulsar motorcycle bearing No. DL 7SAZ 2142. PW-16 endorsed the said information and discussed it with the ACP of the Special Cell. He then constituted a raiding team comprising of himself, Sub-Inspector („SI‟) Harbir Singh (PW-1), SI Ramesh Sharma, SI Ranbir Singh (PW-4), SI Kishan Lal, Head Constable („HC‟) Suresh Chand, HC Ramesh Kumar, Constable Anil Kumar, Constable Ajay Kumar, Constable Hawa Singh and Constable Om Prakash. They left the office of the Special Cell in a government vehicle and reached the spot. On the way, as well as at the spot, the police asked two or three passersby to join the raiding team, but none agreed.

4. At around 7.30 pm, a Pulsar motorcycle No. DL 7SAZ 2142 stopped near the public toilet at Patparganj Road, Ganesh Nagar crossing. It was driven by Gurdeep Singh (A-2) who was carrying a black colour bag on his shoulder and on the pillion was Jagdeo Singh (A-1). A-2 took out a polythene bag from the black colour bag he was carrying and handed it over to A-1. A-2 remained on the motorcycle and A-1 stood at the Ganesh Nagar crossing. At that point of time, PW-1 with the help of HC Ajay Kumar (PW-10) apprehended A-1. PW-4 SI Ranbir Singh with the help of HC Ram Kishan (PW-11) apprehended A-2. Both of them were served with notices under Section 50 of the NDPS Act. They were apprised of their legal