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2.4. Pursuant to the direction of Inspector Rajni Kant, SI Vinod Kumar prepared a raiding party comprising himself, ASI Mohd. Ismail, Ct. Samrat, and secret informer. The raiding party departed from Narcotics Office for the spot vide DD no. 6 after taking IO kit, field testing kit and electronic weighing machine with them in a private Swift car bearing Registration No. DL­9 CR 3728.

2.5. The raiding party reached at the spot i.e. at road leading from Seemapuri towards Ghazipur near Anand Vihar Railway Flyover at 10.00 am. On the way, at Shantivan red light, 4­5 persons and at Karkarimor red light, 5­6 persons were asked to join the raiding party by SI Vinod Kumar, but they refused to join the raiding party stating their reasonable causes and left without disclosing their names and addresses. No notice was served to those public persons who refused to join the raiding team. The above said vehicle was parked at service road at the end of flyover. SI Vinod Kumar briefed the raiding party at around 10.15 am and, thereafter, members of the raiding party took their position in scattered manner.

37. PW­4 SI Vinod Kumar, who is the first IO and In­ charge of the raiding team, deposed that he prepared the raiding team and they all along with secret informer left the office in his private Swift car bearing No. DL­9CR 3728 and in this regard he made departure entry vide DD no. 6. Prior to departing office, he collected field testing kit, electronic weighing machine and IO bag from the Office. He further deposed that they reached at the spot i.e. near railway flyover, Anand Vihar Road leading towards Ghazipur, UP at 10.00 am via Shanti Van, Geeta Colony, Yamuna Bridge, Jheel ganda nala, Karkari Mor, Patparganj Industrial area and on the way at Shanti Van red light and at Karkari Mor, public persons were asked to join the raiding party but they refused for the same. He further deposed that he had parked the car 20­25 meter before the end of flyover and they all reached the spot by walking 20­30 meters. He briefed the raiding party and thereafter they took their position at the surroundings of the spot in scattered manner at about 10.15 am. The secret informer was with him. He further deposed that at around 10.30 am, on seeing one person coming from Ghazipur side who was wearing cream colour kurta pyjama and was having long beard, the secret informer identified him from State vs. Mohd. Alam Judgment dt 26.03.2024 a distance of 20­30 meter as Mohd. Alam and then the secret informer left the place. He further deposed that the said person came on the service lane and stopped there and started waiting for someone. After 10 minutes when nobody came to the said person and he tried to turn back, all members of the raiding party apprehended him. He further deposed that he introduced himself and other members of raiding party to said person and on interrogation, the said person disclosed his name as 'Mohd. Alam' (the accused herein). He further deposed that he told the accused about the secret information received by him and asked the accused for his search. He also apprised the accused about his legal right and served a notice under Section 50 NDPS Act upon the accused but the accused refused to get his search conducted in the presence of a Gazetted officer or a Magistrate. He further deposed that he conducted cursory search of the accused and one transparent polythene mouth of which was tied with rubber band containing some brownish powdery substance was recovered from right side pocket of wearing kurta of the accused which on checking in the field testing kit was found to be heroin and on weighing the same it was found 200 grams.

41. PW­4 SI Vinod Kumar, the 1st IO categorically stated in his cross­examination that secret informer left the spot at 10.30 am and he remained with them for half an hour at the spot. He further stated that they reached at the spot at 10.00 am and left the office at 9.20 am vide DD No. 6. He further stated that they reached Shanti Van red light at 9.25 am and stopped vehicle before red light. He further stated that he collected filed testing kit and electronic weighing machine at 9.10 am and entry was made in the register and it took 2­3 minutes for the same.