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IN THE HIGH COURT OF DELHI AT NEW DELHI

RESERVED ON : 2^nd MARCH, 2016

DECIDED ON : 8^th APRIL, 2016

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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

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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.