* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : 2nd MARCH, 2016 DECIDED ON : 8th APRIL, 2016 + CRL.A.1598/2013 MUKESH SINGH ..... Appellant Through : Mr.Chetan Lokur, Advocate with Mr.Nitish Chaudhary, Advocate.

VERSUS STATE (NARCOTIC BRANCH OF DELHI) ..... Respondent Through : Mr.Amit Gupta, APP.

AND + CRL.A.1611/2013 HUSNAIL KHAN ..... Appellant Through : Mr.Dinesh Malik, Advocate.

VERSUS STATE (NARCOTIC BRANCH OF DELHI) ..... Respondent Through : Mr.Amit Gupta, APP.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.

1. Challenge in this appeal is a judgment dated 15.07.2013 of learned Addl. Sessions Judge / Special Judge (NDPS) in Sessions Case No. 92/11 arising out of FIR No.152/11 PS Crime Branch by which the appellants – Mukesh Singh (A-1) and Husnail Khan (A-2) were held guilty for committing offence under Section 20(b)(ii)(c) of NDPS Act. A- 1 was further convicted under Section 25 of NDPS Act. By an order dated 15.07.2013, both the appellants were sentenced to undergo RI for ‘

ten years with fine 1 lac each under Section 20(b)(ii)(c) of NDPS Act.

‘

A-1 was separately sentenced to undergo RI for ten years with fine 1 lac under Section 25 of NDPS Act. Both the sentences were to run concurrently.

2. Briefly stated, the prosecution case as reflected in the charge- sheet was that on 03.06.2011 at about 05.30 a.m. on a road near In-gate of Azadpur Mandi, Delhi, the appellants were found in possession of 90 kg of Ganja concealed in the cabin of truck bearing No. HR-55 G-6471.

3. On 03.06.2011 at around 03.50 a.m. a secret information was received by SI Bhagwan Singh at Narcotics Cell PS Crime Branch to the effect that A-1, a truck driver by profession, involved in supply of Ganja would come from Bihar to Delhi to supply Ganja in between 05.00 a.m. to 06.00 a.m. at the In-gate of Azadpur Mandi, Delhi. SI Bhagwan Singh informed Inspector Vivek Pathak about the secret information and produced the secret informer before him. Secret information was recorded vide Daily Diary (DD) No.3 (Ex.PW-7/A) at 04.10 a.m. A raiding party was constituted and vide Daily Diary (DD) No.4 (Ex.PW- 13/A) the raiding party reached Azadpur Mandi at about 05.25 p.m. The secret informer identified A-1 to be driver of the truck when he was standing outside it. Subsequently, A-2 also came to A-1 and both started talking. Thereafter, they boarded the cabin of the truck No. HR-55 G- 6471 and were apprehended. SI Bhagwan Singh introduced himself and the raiding party to both the appellants and apprised them about the secret information. Notices under Section 50 NDPS Act (Ex.PW-5/A & Ex.PW- 5/B) were served. On search of the cabin of the truck, three plastic ‘kattas’ kept on the backside of the seat in the cabin were recovered. The total quantity on weighing came to 90 kg of Ganja. Necessary proceedings were conducted during investigation. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a charge-sheet was filed against both the appellants in the Court. The prosecution examined fifteen witnesses to substantiate its case. In 313 Cr.P.C. statements, the appellants denied their involvement in the crime and pleaded false implication. The trial resulted in their conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeals have been preferred.

4. I have heard the learned counsel for the parties and have examined the file. Counsel for the appellants urged that the Trial Court did not appreciate the evidence of the prosecution witnesses in its true and proper perspective and committed grave error to base conviction on the uncorroborated testimonies of the police officials. The prosecution was unable to establish if A-1 was driver in the said vehicle. No fair investigation was carried out from PW-4 (Daljeet Singh), owner of the truck and PW-9 (Talwinder Singh) owner of the J.S.Roadlines with which the truck in question was attached. No independent public witness was associated at any stage. The recove