JUDGMENT

VIBHU BAKHRU, J

1. The appellants have filed the present appeals impugning a judgment dated 19.07.2017 passed by the Special Judge (NDPS), South District, Saket Courts, whereby the appellants were convicted for the offence punishable under Section 21(c) of the Narcotics, Drugs and Psychotropic Substances Act, 1985 (hereafter the ‘NDPS Act’). The Trial Court found that the prosecution had established that the appellants were found in possession of commercial quantity of Heroin, without any permission or license under the NDPS Act.

2. The appellants also impugn an order on sentence dated 09.08.2017, whereby they were sentenced to ten years of rigorous imprisonment for the offence punishable under Section 21(c) of the NDPS Act along with a fine of ₹1 lakh and in default of payment of fine, to undergo six months of simple imprisonment.

3. The prosecution’s case is that on 09.06.2011 at about 09:30 am, SI Rajbir Singh received secret information that two persons namely Amir Khan (a resident of Madhya Pradesh) and Mohd. Shahid (a resident of Rajasthan) are engaged in supplying Heroin and they will supply Heroin to someone between 11:30 am and 12:30 pm on the pavement of I.P. park gate, near bus stop Sarai Kale Khan, Delhi. If a raid is conducted, the said two persons could be apprehended along with the contraband. SI Rajbir Singh produced the informant before Insp Kuldeep Singh, Narcotic Cell at about 09:45 am.After being satisfied about the information, Insp Kuldeep Singh telephonically informed ACP Bir Singh, Narcotic Cell who directed further proceedings. On the directions of Insp Kuldeep Singh, SI Rajbir Singh formed a raiding party consisting of himself, HC Parminder Singh, Ct.Kheta Ram, Ct. Jai Prakash and Ct. Sandeep. At about 10:20 am – after making an entry as DD no. 14 – they all left the office for the spot in two cars -one government vehicle bearing registration number DL-1CH-5839 driven by Ct. Jai Prakash, and a private vehicle bearing registration number DL 7CL 1342 driven by Ct Sandeep. The secret informer, SI Rajbir Singh, HC Parmender and Ct Kheta Ram travelled in the government vehicle. They proceeded to the spot via Pushta road, Vikas Marg and reached the gate of I.P. park at about 11:00 am. Near Ramesh Park bus stop, they asked five public persons to join the police proceedings, but none agreed, and they all left the spot without disclosing their names and addresses on one or other genuine grounds. The raiding party parked their vehicles fifty meters ahead of IP park on the service road towards ITO.

4. SI Rajbir Singh, Ct Kheta Ram and the secret informer took their positions outside the gate of IP park. At about 11:50 am, two persons came on foot from the direction of Sarai Kale Khan. They were carrying bags on their right shoulders. The secret informer identified the person wearing a cream-coloured shirt, black trousers, and, holding a greenish coloured bag as Amir Khan and, the other person in a white shirt, blue jeans, and holding a black bag, as Mohd. Sahid. At about 12:00 noon, the said two persons (appellants herein)

were apprehended by the raiding party.

5. SI Rajbir Singh introduced himself to the apprehended persons and disclosed that he had information that they were in possession of Heroin and told them that their search was to be conducted. He also informed them that if they required, they could be searched in the presence of a Gazetted Officer or a Magistrate. The accused were informed that they could search the police party and their vehicles as well. Thereafter, notices under Section 50 of the NDPS Act (Ex. PW6/A and Ex. PW6/C) were served on the accused. The accused refused to exercise their right to be searched before a Gazetted Officer or a Magistrate and wrote their replies (Ex. PW6/B and Ex. PW6/D). Many persons from the general public had gathered at the spot, however, none joined the proceedings despite SI Rajbir Singh requesting them to do so. SI Rajbir Singh checked the bag of the acc