Crl. A. Nos. 919/2017 & 924/2017

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 27.01.2021

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CRL. A. 919/2017& CRL.M. (BAIL) 1601/2019

MOHD. SHAHID @ MOHD. SAHID

.....Appellant

versus

THE STATE OF N.C.T. OF DELHI

..... Respondent

AND

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CRL. A. 924/2017

AMIR KHAN @ NAHARU

.....Appellant

versus

THE STATE OF N.C.T. OF DELHI

..... Respondent

Advocates who appeared in these cases:

For the Appellants

: Mr. Sumit Sharma, Advocate.

For the Respondent

: Ms. Meenakshi Chauhan, APP for State.

CORAM

HON’BLE MR JUSTICE VIBHU BAKHRU

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

Crl. A. Nos. 919/2017 & 924/2017

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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,

Crl. A. Nos. 919/2017 & 924/2017

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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.

Crl. A. Nos. 919/2017 & 924/2017

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5.

SI Rajbir Singh intro