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1. Accused Arvind Kumar Saxena has been charged with the offence under Section 21(b) of the NDPS Act and Accused Salman Khan was discharged on 26.02.2018.

2. Brief Facts of the case are that on 03.04.2017, a secret information was received by Inspector Rajnikant in the Office of Narcotics Cell, old Kotwali that one person namely Arvind Saxena, r/o Bareilly, UP who is indulged in supply of heroin in Delhi NCR after procuring the same from Bareilly, U.P would Page no. 1 come to Bus Stand Gazipur Crossing, near Foot over Bridge on the road leading towards Dilshad Garden, Delhi on that day between 05:30 PM to 06:00 PM for delivering a big consignment of Heroin to someone and if raid is conducted, he could be apprehended with the contraband. Inspector Rajnikant verified the information and at about 4:00 PM informed ACP Sh. Sanjeev Kumar Tyagi, N & CP (ACP) on phone, who gave directions to immediately take legal action and conduct a raid. Information was reduced into writing as per section 42 NDPS Act vide DD No. 10 dated 03/06/2017 at 04:15 PM, Narcotics Cell, Crime Branch, Delhi and copy of the same was sent to the office of Sh. Sanjeev Kumar Tyagi, ACP/Narcotics Cell, Crime Branch at about 4:20 PM. A raiding team led by Inspector Rajnikant Sharma consisting of HC Dharmender, No. 454/ Crime & Ct. Samrat Singh, No. 808/ Crime was constituted and secret information was shared with the members of the team. IO Rajnikant collected the IO Bag, field testing kit and electronic weighing machine and departed for the spot alongwith members of raiding team and informer at 04:30 PM vide DD No. 11 in a Private Vehicle No. DL8-CP-3419, Wagon-R, Blue colour. A trap was laid at Bus Stand Gazipur Crossing, Near Footover Bridge, Delhi. One person namely Arvind Kumar Saxena S/o Sh. Gulab Shanker Saxena, R/o H. No. 310, Mohalla-Khanpura, Tehsil and PS-Meerganj, Distt. Bareilly, UP Age 25 Years was apprehended at about 05:55 PM at the instance of the informer. Inspector Rajnikant asked the passersby to join the proceedings, however none agreed and left the spot citing reasonable constrains without disclosing their names and addresses. Notice under Section 50 NDPS Act was served upon Arvind Kumar, however he refused to be searched in the presence of a Gazetted Officer or a Magistrate and also Page no. 2 refused to take search of Police party and their vehicle. Cursory search of Arvind Kumar was conducted and during search, one transparent polythene was recovered from the right pocket of Jeans wore by him. The transparent polythene was found containing mud (matmaila) colour powder. The mud colour powder after being checked with the help of field-testing kit, was found to be Heroin. Mud colour powder was weighed on electronic weighing machine and its weight was found to be 250 grams. Two samples of 5-5 grams each were drawn and kept in two transparent polythenes, both the samples were tied with rubber bands and converted into cloth parcels (pulandas), which were marked as "A" & "B". Remaining 240 gram of Heroin was left in the same recovered transparent polythene and mouth was tied with rubber band, converted into cloth parcel and marked as "C". All the three cloth parcels were sealed with the seal of 5B PS/NB DELHI. FSL form was filled up and the sample seal was also put on FSL Form. All the three pulandas and FSL Form and seal after use was handed over to Ct. Samrat. A rukka was prepared and sent to Duty Officer, PS Crime Branch through HC Dharmendra at 09:30 PM for registration of the FIR. All three cloth parcels, FSL Form and carbon copy of the seizure memo were also sent to SHO, PS Crime Branch for compliance of Section 55 NDPS Act, through HC Dharmendra. Instant case was registered and further investigation was conducted by SI Vinod Kumar. During course of investigation, SI Vinod Kumar reached the spot, Bus Stand Gazipur Crossing, Near Foot-over Bridge on the road leading towards Dilshad Garden, Delhi and prepared site plan at the instance of Inspector Rajnikant Sharma and recorded statement of Ct. Samrat on the spot. Thereafter, SI Vinod Kumar arrested accused Arvind Kumar Saxena S/o Sh. Gulab Shanker Saxena, Page no. 3 R/o H. No. 510, Mohalla-Khanpura, Tehsil and PS-Meerganj, Distt. Bareilly, UP Age 25 Years on 04/06/2017 at 04:25 AM. Information regarding arrest of Arvind Kumar Saxena was given to his elder brother, namely Rajeev Saxena on Mobile No. 9410088700. Accused Arvind Kumar Saxena was produced before the Court and his PC remand was obtained. During course of investigation, as per the disclosure statement of accused Arvind Kumar Sexena, SI Vinod Kumar alongwith staff and accused conducted raid at the house of Salman Khan S/o Babbu Khan, R/o Mohalla Khanpura, Kasba Meerganj, Distt. Bareilly, UP. After following mandatory provisions of NDPS Act, SI Vinod Kumar arrested accused Salman Khan, age 22 Years on 08/06/2017 at 12:30 PM. Information regarding arrest of Salman had been given to his father Sh. Babbu Khan. Accused Salman was produced before the Court. Accused persons were sent to JC. Statement of witnesses were recorded under Section 161 Cr.P.C. Samples of contraband were sent to FSL Rohini. After obtaining FSL result and completion of investigation, chargesheet under Section 21/29 NDPS Act was filed before the Court.

CHARGES AGAINST THE ACCUSED

3. By order dated 26.02.2018, charge for the offences under Section 21(b) of the NDPS Act was framed against accused Arvind Kumar Saxena to which he pleaded not guilty and claimed trial. Co-accused Salman Khan was discharged vide order dated 26.02.2018.

PROSECUTION WITNESSES

4. Seven prosecution witnesses were examined during the course of trial.

5. PW1 HC Dharmender deposed that on 03.06.2017, he was present in the office of Narcotic Cell, Darya Ganj, Delhi and Page no. 4 Inspector Rajnikant called him and Ct. Samrat in his office at about 4.20 pm and they both reached there and Inspector Rajnikant told them that he had received secret information that one person namely Arvind r/o Bareilly, UP involved in supplying heroin in Delhi after procuring same from Bareilly, UP, would come to supply heroin to someone between 5.30 pm to 6.00 pm ahead of bus stand Gazipur crossing near foot over bridge, on the road leading towards Dilshad Garden. Thereafter, Inspector Rajnikant had prepared a raiding party including himself, Ct. Samrat, HC Dharmender and the secret informer and he had taken his IO bag, field testing kit, electronic weighing machine and they all started from the office at about 4.30 pm in private car no. DL8CP 3419 Wagon R driven by Inspector Rajnikant. He further deposed that DD no. 11 was lodged with regard to departure and after leaving the office, they reached Shanti Van red light and took a right turn from Yamuna bridge, Geeta Colony and via DC office Nala Road, then they came to Karkari More and took right turn and then they took a turn from Telco T- point towards right side and then they reached under Gazipur fly over and took a turn and reached near foot over bridge, Gazipur crossing in front of bus stand and then they reached the spot i.e. road leading towards Dilshad Garden and on the way at Shanti Van red light, Inspector Rajnikant had requested 5-6 passersby and also at Telco T-point red light 5-6 passersby to join the raiding team after briefing them about the information but none agreed and they left the spot without giving their names and addresses. He further deposed that Inspector Rajnikant parked the private car about 10 meters away from Gazipur crossing and thereafter at about 5.25 pm, the raiding team was again briefed and they had taken their position in the raidus of 5 meters. He further deposed that at about 5.45 pm, Page no. 5 one person came from the side of Gazipur village and via foot over bridge, he came under foot over bridge and started waiting there for someone and the said person was pointed out by the secret informer when he was on foot over bridge and secret informer had told the IO that he was the person about whom he had informed and then the secret informer had gone away from there. He further deposed that the said person kept on waiting for about 10 minutes and when he started going on foot towards Gazipur foot over bridge then he was apprehended at about 5.55 pm by Inspector Rajnikant with help of Ct. Samrat. He further deposed that on interrogation, name of that person was known as Arvind Kumar Saxena son of Gulab Shankar Saxena, R/o. H.No. 310, Mohalla Khanpura, Tehsil and PS Mirganj, Distt. Bareilly, UP. He further deposed that Inspector Rajnikant introduced himself and raiding team members to accused and requested 4-5 public persons, who had gathered there to join the proceedings but none agreed and left the spot without giving their names and addresses. He further deposed that he was directed to bring the car at the spot and he had brought the same. He further deposed that accused Arvind Kumar Saxena was apprised by Inspector Rajnikant that he had information from the secret informer that accused was indulged in supplying heroin in Delhi after procuring the same from Bareilly, UP and on that day also, accused Arvind had come there to supply heroin to someone and in this regard his search was to be taken. He further deposed that accused was told about his legal right that his search could be taken in the presence of Gazetted Officer or a Magistrate and arrangement for the same could be done or that he could take search of any raiding team members and the private car prior to his search, if he desired but accused had refused for the same. He further deposed that thereafter, Page no. 6 notice under Section 50 NDPS Act was prepared by the IO in original plus carbon copy and original notice under Section 50 NDPS Act was given to accused and accused was also provided carbon copy of notice under Section 50 NDPS Act Ex. PW1/A and the reply written by accused on it Ex. PW1/B. He further deposed that accused Arvind Kumar Saxena was formally searched by the IO and from right side pocket of his jeans, one transparent polythene containing mathmaila colour powder was recovered, tied with rubber band and the said polythene was untied and some powder was taken out, which was tested on field testing kit and the same was found to be heroin and the said polythene containing heroin was weighed on electronic weighing scale, which was found to be 250 gram alongwith transparent polythene. He further deposed that two samples of 5 gram each were drawn from the recovered heroin and the same were kept in two separate small transparent polythene which was tied with rubber band and with the help of white cloth, sample parcels were prepared which were given Mark A and B and remaining heroin was kept in the said transparent polythene, which was tied with rubber band and converted into cloth parcel which was given Mark C and the FSL from was filled up at the spot by the IO. He further deposed that thereafter all the parcels were sealed with the seal of 5 B PS/NB DELHI and the said seal was also affixed on the FSL form and thereafter, the said parcels and FSL form were taken into possession vide seizure memo Ex. PW1/C and seal after use was handed over to Ct. Samrat. He further deposed that thereafter, IO prepared a tehrir, which was given to him alongwith all the sealed parcels, FSL form and carbon copy of seizure memo and he was directed to produce the rukka to DO and the parcels, carbon copy of seizure memo and FSL form to Page no. 7 SHO for necessary action and thereafter, he left in the said private car driven by him and reached Crime Branch, PS Pushap Vihar and produced the rukka to DO HC Pankaj and the parcels, FSL form and carbon copy of seizure memo to Inspector Subhash Malik, the then SHO, who asked the FIR number registered in this case and then he called the MHC(M) HC Jagnarain in his office alongwith register no. 19 who had come there. He further deposed that the SHO had written FIR number, particulars of the case on the parcels and on the documents and he had also put his seal of SM on the said parcels and on FSL form also and the case property was got deposited in Malkhana through MHC(M) and relevant entries in register no. 19 were also filled up by the MHC(M) which were initiated by the SHO also and DD no. 14 was also got lodged by the SHO complying the provisions of section 55 of NDPS Act. He further deposed that thereafter, DO handed him over copy of FIR and original Tehrir and he left PS and reached Crime Branch office Darya Ganj and handed over copy of FIR and original tehrir to SI Vinod Kumar to whom further investigation of the case was marked. He further deposed that thereafter SI Vinod had left for the spot in the said private car and he remained in the office and on 04.06.2017, his statement was recorded by SI Vinod Kumar in the office. He further deposed that on 08.06.2017, he again joined the investigation alongwith SI Vinod and Ct. Samrat and accused Arvind Kumar Saxena who was on PC remand and they all had gone to Mirganj, Bareilly, UP in search of source of supply Salman Khan who was apprehended from his house and accused Salman had already been discharged in this case. He identified accused Arvind Kumar Saxena before the Court and the case property i.e. sample heroin Ex. P1, another sample of illegal contraband Page no. 8 Ex. P-2 and the remaining heroin recovered from the possession of accused Ex. P-3.

6. PW2 Ct. Samrat deposed that on 03.06.2017, he was present in the office of Narcotic Cell, Darya Ganj, Delhi and Inspector Rajnikant called him and HC Dharmender in his office at about 4.20 pm and they both reached there and they were told that Inspector Rajnikant had received secret information about one person i.e. accused Arvind involved in supplying heroin in Delhi after procuring same from Bareilly, UP and on that day also, Arvind would come to supply heroin to someone in between 5.30 pm to 6.00 pm ahead of bus stand Gazipur crossing near foot over bridge, on the road leading towards Dilshad Garden. He further deposed that Inspector Rajnikant prepared a raiding party including himself, HC Dharmender and him alongwith and the secret informer. He further deposed that IO bag, field testing kit, electronic weighing machine were taken and they all started from the office at about 4.30 pm in private car no. DL8CP3419 Wagon-R driven by Inspector Rajnikant. He further deposed that DD no.11 was lodged with regard to departure and after leaving the office, they reached Shanti Van red light and took a right turn from Yamuna bridge, Geeta Colony and via DC office Nala Road, then they came to Karkari Mor and took right turn and then they took a turn from Telco T- point towards right side and reached under Gazipur Fly over and took a turn and reached near foot over bridge, Gazipur crossing in front of bus stand and then they reached the spot i.e. road leading towards Dilshad Garden and on the way at Shanti Van red light, Inspector Rajnikant requested 5-6 passersby and also at Telco T-point red light to join the raiding team after briefing them about the information but none agreed and left the spot without giving their names and addresses and Page no. 9 thereafter, Inspector Rajnikant parked the private car about 10 meters away from Gazipur crossing and thereafter, at about 5.25 pm, the raiding team was again briefed and they had taken position in the radius of 5 meters. He further deposed that at about 5.45 pm, one person came from Gazipur village side and via foot over bridge, when he came under foot over bridge and he started waiting there for someone. The said person was pointed out by the secret informer when he was on foot over bridge and secret informer told the IO that he was the person about whom he had informed and thereafter, secret informer went away from there. He further deposed that said person kept on waiting for about 10 minutes and when he started going on foot towards Gazipur foot over bridge then he was apprehended at about 5.55 pm by Inspector Rajnikant with his help and help of HC Dharmender and on interrogation, name of said person was came to know as Arvind Kumar Saxena s/o Gulab Shankar Saxena r/o H. No.310 Mohalla Khanpura, Tehsil and PS Mirganj, Distt. Bareilly. He further deposed that Inspector Rajnikant introduced himself and raiding team members to accused and at that point of time also, IO requested 4-5 public persons, who gathered there to join the proceedings but none agreed and left the spot without giving their names and addresses. He further deposed that HC Dharmender was directed to bring the car at the spot and he had brought the same. He further deposed that accused was apprised by Inspector Rajnikant that he had information from the secret informer that accused were indulged in supplying heroin in Delhi after procuring the same from Bareilly, UP and on that day also, accused had come there to supply heroin to someone and in this regard search was to be taken and it was his legal right that his search can be taken in presence of Gazetted Officer or Page no. 10 a Magistrate and arrangement for the same can be done or accused can take search of any raiding team members and the private car prior to his search, if he so desired but accused refused for the same. He further deposed that notice under Section 50 NDPS Act was prepared by the IO in original plus carbon copy and original notice was given to accused and was also provided the carbon copy of notice upon which accused had written reply in Hindi in his own handwriting. The carbon copy of notice under Section 50 NDPS Act is Ex.PW1/A and reply written by the accused in Hindi is Ex.PW1/B. He further deposed that accused Arvind Kumar was formally searched by the IO and from right side pocket of his jeans one transparent polythene containing mathmaila colour powder was recovered which was tied with rubber band and the said polythene was untied and some powder was taken out from the same and it was tested on field testing kit, which was found to be heroin and the said polythene containing heroin was weighed on electronic weighing scale and it was found to be 250 grams along with transparent polythene. He further deposed that two samples of 5 grams each were drawn from the recovered heroin and the same were kept in two separate small transparent polythene which were tied with rubber band and with the help of white cloth, sample parcels were prepared which were given Mark A and B. He further deposed that remaining heroin was kept in the said transparent polythene, which was tied with rubber band and converted into cloth parcel, which was given Mark C and FSL form was filled up at the spot by the IO. He further deposed that all the above-mentioned parcels were sealed with the seal of 5 B PS/NB DELHI and each parcel was affixed with one seal and the said seal was also affixed on the FSL form. Thereafter, the said parcels and FSL form were taken into possession vide Page no. 11 seizure memo Ex.PW1/C and seal after use was handed over to him. He further deposed that thereafter, IO prepared a tehrir and gave to HC Dharmender along with all the sealed parcels, FSL form and carbon copy of seizure memo with directions to produce the rukka to DO and the parcels, carbon copy of seizure memo and FSL form to SHO for necessary action. Thereafter, HC Dharmender left in the said private car. He further deposed that after registration of FIR, SI Vinod Kumar reached at the spot on 04.06.2017 at about 2.10 am in the said private car driven by him and he was briefed by Inspector Rajnikant at the spot and documents prepared by the IO were handed over to 2nd IO who had prepared site plan at the instance of SI Rajnikant. He further deposed that his statement was recorded by the IO at the spot by SI Vinod Kumar and thereafter, accused Arvind Kumar was arrested vide arrest memo Ex.PW2/A and personal search of accused vide memo Ex.PW2/B was also conducted in which notice under Section 50 NDPS Act was recovered along with other documents and Rs.205 in cash. He further deposed that disclosure statement of accused was also recorded Ex.PW2/C and after completion of the proceedings at the spot, they along with accused started from the spot at about 5.05 am and reached PS Crime Branch Pushp Vihar at about 6.10 am. He further deposed that jamatalashi articles were got deposited in malkhana by the IO and he also recorded statement of SHO Inspector Subhash Malik in between 6.15 am to 6.45 am and statement of MHCM in between 6.50 am to 7.20 am. He further deposed that they left PS Crime Branch at about 7.30 am and reached Narcotic Cell, Daryaganj at about 8.15 am, where, IO recorded statement of Inspector Rajnikant in the office and supplementary statement of PW2 was also recorded in between Page no. 12 9.20 am to 9.50 am.

20. In the present case, the prosecution witnesses PW1, PW2 & PW8 have deposed that on 03.04.2017, a secret information was received by PW8 Inspector Rajnikant in the Page no. 22 Office of Narcotics Cell, old Kotwali that one person namely Arvind Saxena, r/o Bareilly, UP who is indulged in supply of heroin in Delhi NCR after procuring the same from Bareilly, U.P would come to Bus Stand Gazipur Crossing, near Foot over Bridge on the road leading towards Dilshad Garden, Delhi on that day between 05:30 PM to 06:00 PM for delivering a big consignment of Heroin to someone and if raid is conducted, he could be apprehended with the contraband. Inspector Rajnikant verified the information and at about 4:00 PM informed ACP Sh. Sanjeev Kumar Tyagi, N & CP (ACP) on phone, who gave directions to immediately take legal action and conduct a raid. Information was reduced into writing as per section 42 NDPS Act vide DD No. 10 dated 03/06/2017 at 04:15 PM, Narcotics Cell, Crime Branch, Delhi and copy of the same was sent to the office of Sh. Sanjeev Kumar Tyagi, ACP/Narcotics Cell, Crime Branch at about 4:20 PM. PW1, PW2 & PW8 further deposed that a raiding team led by Inspector Rajnikant Sharma consisting of PW1, HC Dharmender, No. 454/ Crime & PW2, Ct. Samrat Singh, No. 808/ Crime was constituted and secret information was shared with the members of the team. PW8, IO Rajnikant collected the IO Bag, field testing kit and electronic weighing machine and departed for the spot alongwith members of raiding team and informer at 04:30 PM vide DD No. 11 in a Private Vehicle No. DL8-CP-3419, Wagon-R, Blue colour. A trap was laid at Bus Stand Gazipur Crossing, near Footover Bridge, Delhi and accused Arvind Kumar Saxena S/o Sh. Gulab Shanker Saxena, R/o H. No. 310, Mohalla-Khanpura, Tehsil and PS-Meerganj, Distt. Bareilly, UP Age 25 Years was apprehended at about 05:55 PM at the instance of the informer. They further deposed that Inspector Rajnikant asked the passersby to join the proceedings, however none agreed and Page no. 23 left the spot citing reasonable constrains without disclosing their names and addresses. Notice under Section 50 NDPS Act was served upon Arvind Kumar, however he refused to be searched in the presence of a Gazetted Officer or a Magistrate and also refused to take search of Police party and their vehicle. Cursory search of Arvind Kumar was conducted and during search, one transparent polythene was recovered from the right pocket of Jeans wore by him. The transparent polythene was found containing mud (matmaila) colour powder. The mud colour powder after being checked with the help of field-testing kit, was found to be Heroin. Mud colour powder was weighed on electronic weighing machine and its weight was found to be 250 grams. Two samples of 5-5 grams each were drawn and kept in two transparent polythenes, both the samples were tied with rubber bands and converted into cloth parcels (pulandas), which were marked as "A" & "B". Remaining 240 gram of Heroin was left in the same recovered transparent polythene and mouth was tied with rubber band, converted into cloth parcel and marked as "C". All the three cloth parcels were sealed with the seal of 5B PS/NB DELHI. FSL form was filled up and the sample seal was also put on FSL Form. All the three pulandas and FSL Form and seal after use was handed over to Ct. Samrat. A rukka was prepared and sent to Duty Officer, PS Crime Branch through HC Dharmendra at 09:30 PM for registration of the FIR. All three cloth parcels, FSL Form and carbon copy of the seizure memo were also sent to SHO, PS Crime Branch for compliance of Section 55 NDPS Act, through HC Dharmendra.