*

IN THE HIGH COURT OF DELHI AT NEW DELHI

RESERVED ON: 3^rd AUGUST, 2015

DECIDED ON : 3^rd NOVEMBER, 2015

+

CRL.A. 1543/2014

MANDEEP SINGH @ ANR.

..... Appellants

Through :

Mr.Kamal J.S.Mann, Advocate

with Mr.Nitin Joshi, Advocate.

VERSUS

THE DIRECTORATE OF REVENUE INTELLIGENCE

..... Respondent

Through :

Mr.Amish Aggarwala, Advocate.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

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

1.

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 ` 1 lac each under both the

heads. The sentences were to run concurrently.

2.

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.

3.

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.

4.

Further case of the DRI is that all the said packets when

opened in the DRI Office situated at 7^th 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.