Criminal Appeal Nos. 527 of 2014, 529 of 2014 & 607 of 2014 Page 1 of 57

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.A. 527 of 2014

Reserved on: January 9, 2015

Decision on: February 11, 2015

JAGDEO SINGH @ JAGGA

..... Appellant

Through:

Mr. R.D. Rana, Advocate

versus

THE STATE

..... Respondent

Through:

Mr. Rajat Katyal, APP

SI: Surender Singh, Special Cell

WITH

CRL. A. 529 of 2014

GURDEEP SINGH

..... Appellant

Through:

Mr. Vikas Gautam, Advocate

versus

STATE

..... Respondent

Through:

Mr. Rajat Katyal, APP

SI: Surender Singh, Special Cell

WITH

CRL. A. 607 of 2014

SUKHVINDER SINGH @ SUKHI

..... Appellant

Through:

Mr. Anurag Jain, Advocate

Criminal Appeal Nos. 527 of 2014, 529 of 2014 & 607 of 2014 Page 2 of 57

versus

STATE

..... Respondent

Through:

Mr. Rajat Katyal, APP

SI: Surender Singh, Special Cell

CORAM: JUSTICE S. MURALIDHAR

J U D G M E N T

11.02.2015

Introduction

1. These appeals are directed against the judgment dated 21^st 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 30^th

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

Criminal Appeal Nos. 527 of 2014, 529 of 2014 & 607 of 2014 Page 3 of 57

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 23^rd 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 („S