Document Fragment View

Matching Fragments

26. PW-20 HC Padma Kumar, is the official from Foreigners Record Branch, FRO, R.K Puram, New Delhi who has proved the letter dated 10.06.2013 sent to the office of ACP Satyavir Singh seeking details of arrival/departure of Nige- rian National namely Henry Chinedu Anaehobi (accused no. 3 herein) as Ex. PW20/1.

27. PW-21 Sh. Tahiru Iddrisu, Trade Counselor, High Commission of Ghana proved the letter dated 12.04.2013 issued by the High Commission as Ex. PW21/1.

28. PW-22 SI Bijender is the complainant / first Investigating Officer. He deposed that on 05.04.2013, he was posted in Special Cell, NR and one Taimur Khan @ Bhola who was PO in case FIR no. 26/12 PS Special Cell. In this regard some telephone numbers were put on interception to apprehend him. During that course, three mobile numbers 8860456652, 9718940463 and 8750839483 were put on sur- veillance which were being used by one Vinod @ Panna Lal and his location was that of Nirankari Colony. It has also transpired that he used to get the supply of contra- band from Taimur Khan through his carrier Shekhawat. In order to develop the said information, he was deputed by Inspector Attar Singh to look into the matter. It tran- spired from the interception as well as information from other sources that Vinod would be sending Shekhawat for getting the supply. He reduced into writing the said information and forwarded it to Inspector Attar Singh. Copy of the said information is Ex. PW-11/A which was also forwarded to ACP. Inspector Attar Singh accordingly, constituted a raiding party consisting of himself, SI Praveen, HC Hawa Singh, HC Harpreet, HC Rajbir were members of the raiding party and they left for Barelli, UP to apprehend Taimur Khan @ Bhola. Again on 06.04.2013 at about 12.15 PM, PW- 22 received information that Shekhawat has left Barelli for Delhi at about 9.00 AM alongwith heroin and was supposed to come at the house of Vinod in Nirankari Colony. The secret informer asked him to meet at Nirankari Colony. He reduced the said information into writing vide Ex. PW11/C and informed the same to Inspector Attar Singh. The said information Ex.PW11/B and Ex.PW11/C was also forwarded to ACP concerned. A raiding party was thereafter constituted by him comprising of ASI Shamsher Singh, ASI Parbodh, ASI Bhushan and SI Bhagat Bahadur and vide DD No. 12 Mark P22/A, they left the PS alongwith IO bag, field testing kit, electronic weighing machine at about 1.00 PM in official gypsy no. DL-1CM-1346. On then way at Mukarba Chowk, Burari, he requested 4-5 public persons to join the proceed- ings but none agreed. They reached at Nirankari Colony at about 1.45 PM where in- former met him and pointed out the house of Vinod@ Panna Lal to him and stated that he would inform about Shekhawat soon before he reaches there. At about 5.30 PM, informer informed that Shekhawat would be coming shortly and he again re- quested 4-5 public persons near to the house of Vinod to join the proceedings, but none agreed. At about 6.15 PM, HC Hawa Singh and HC Rajbir came at the spot on the direction of Inspector Attar Singh. They were briefed about the information and joined in the raiding party. At about 6.54 PM, Inspector Attar Singh talked to HC Ra- jbir on his mobile phone and informed that Shekhawat would be coming at the house of Vinod within 2-3 minutes. At about 7.05 PM a person was seen coming from the side of Nirankari Bhawan having one black and yellow colour bag in his right hand and the informer pointed him out as Shekhawat. He rang the door bell of accused Vinod and the person who came out was identified as Vinod. Thereafter, both of them were apprehended by them and were introduced to them. He again requested four neighbours to join proceedings but none agreed. They were informed about their legal rights to be searched in presence of a Gazetted Officer or Magistrate. They were also informed about their legal rights to search the police party before their search was conducted. Notice u/s 50 NDPS Act in this regard Ex. PW-2/A and Ex. PW-2/B respectively were served upon them. Both the accused persons gave their refusal to the said offer and their refusal Ex. PW2/C and Ex. PW-2/D respectively was recorded. They took the casual search of accused Vinod and took out the bag in his hand which was found containing, "narangi coloured" polythene carry bag. The said carry bag was having one transparent polythene containing pink coloured powder which was tested on field testing kit and found to be Heroin. The said heroin was weighed with the help of electronic weighing machine and found to be 1.5 kg. Two samples of 5 gram each were separated and put in two separate plastic pouches. These were converted into two cloth pullandas Mark A1 and A2. The remaining con- traband was put back in the said narangi polythene bag and converted into cloth pul- landa and given Mark A. The bag was converted into a separate cloth pullanda and given Mark A-3. Form FSL was filled and he put his seal on all the four pullandas. All the four pullandas and the form FSL were seized vide memo Ex. PW-2/E and seal was handed over to HC Rajbir. Then they conducted the casual search of accused Shekhawat but nothing was recovered and memo in this regard is Ex. PW-2/F. There- after, he prepared rukka Ex. PW-22/1 and sent to PS for registration of FIR through HC Hawa Singh. He was also handed over all the pullandas, FSL form and copy of seizure memo. SI Parveen to whom the further investigation was marked reached the spot at about 10.00 PM. The house of accused Vinod was secured by the staff. He handed over the prepared documents as well as both the accused persons to SI Parveen and at about 10.30 PM SI Parveen conducted house search of accused Vinod. After entering the house, the kitchen was searched and it was having aluminum con- tainer which was found containing chemicals in three plastic polythenes and one plas- tic bottle which contained liquid chemical. One of the "narangi coloured polythene"

47. Now coming to the credit worthiness of the testimonies given by the recovery witnesses. Out of the said recovery witnesses, PW-22 ASI Bijender Singh is the most crucial witness being the first IO as well as the complainant who apprehended the accused persons. He prepared the first set of documents including the recording of secret information in compliance of Section 42 NDPS Act vide Ex. PW-11/A to Ex. PW-11/C respectively. He deposed in detail about the exact timings, as well as the sequence of events which took place on the crucial date i.e. 06.04.2013 after the information was received by him at about 12.15 pm. He shared the said information with Inspector Attar Singh and lodged DD Ex. PW-11/B at about 12.45 pm. After getting the authorization, the raiding party was constituted and he again lodged DD no. 12 Ex. PW-22/A and left for the spot alongwith the investigating bag, field testing kit, electronic weighing machine etc. and that too in official gypsy no. DL-1CM-1346. His claim qua preparation of the said series of documents with the timings as well as the use of official gypsy while conducting the raid is not seriously challenged in the entire cross examination conducted on behalf of the accused persons except for bald and bare suggestions. The use of official gypsy rather gives more credit worthiness to the case of the prosecution as it cannot be believed that official gypsy was used for any other ulterior purpose which is the defence of the accused persons.