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Back ground facts:­

1. On 03.05.2010 at about 9.15 a.m., SI Rajbir Singh received an information from a secret informer at Narcotics Cell that one person namely Rakesh, a resident of Shankar Market, Connaught Place would come between 10.15 a.m.­ 11.00 a.m. near Mazar, Shastri Park, Metro Station to supply 'heroin' to someone.

2. It is further case of the prosecution that SI Rajbir Singh produced the secret informer before Insp. Vivek Pathak, Narcotics Cell, Shakarpur and informed him about the secret information. Insp. Vivek Pathak satisfied himself and thereafter, intimated secret information to ACP S.R. Yadav, Narcotics Cell who directed him to immediately conduct a raid. SI Rajbir Singh reduced the secret information into writing vide DD No. 12 and submitted a copy thereof to Insp. Vivek Pathak. SI Rajbir Singh, as per instruction of Insp. Vivek Pathak, organized a raiding party comprising of himself, HC Ramesh Chander and Ct. Rakesh and briefed them about the secret information. He collected IO bag, field testing kit and electronic weighing machine. At about 9.50 a.m., he alongwith raiding team and secret informer proceeded to the place of information in an official vehicle vide departure entry DD No. 13. In the way, he made efforts to join the public persons in the raiding team near cremation ground, Geeta Colony and Gandhi Nagar Parking but they refused to join the raiding team and proceeded on their way without disclosing their names and addresses. At about 10.10 a.m., he alongwith raiding party reached near Mazar, Shastri Park Metro Station and positioned the members of the raiding team around the said place.

(e) PW­5 Insp. Vivek Pathak, Narcotics Cell, Shakarpur stated that on 03.05.2010 at about 9.30 a.m., SI Rajbir Singh alongwith secret informer visited his office and intimated him about the secret information. He stated that he informed ACP, Narcotics Cell about the secret information who directed him to take necessary action. He stated that SI Rajbir Singh reduced the secret information into writing vide DD No. 12 Ex.PW9/A as produced before him and thereafter, he forwarded it to ACP, Narcotics Cell. According to him, SI Rajbir Singh constituted a raiding party as per his direction and collected IO bag, field testing kit and electronic weighing machine and made departure entry vide DD No. 13 Ex.PW9/B at about 9.50 a.m. He stated that at about 9.00 p.m., SI Satyawan produced accused Rakesh @ Bhaiya before him. On 04.05.2010, he forwarded special reports U/s. 57 of the NDPS Act Ex.PW4/E and Ex.PW4/F to senior officers of police which were submitted by SI Rajbir Singh and SI Satyawan regarding seizure of 'heroin' and arrest of accused in this case.

(i) PW­9 SI Rajbir Singh was the In­charge of the raiding team. He has materially corroborated PW­2 HC Ramesh Chander and PW­6 Ct. Rakesh. He stated that at 9.15 a.m., he received secret information in his office and thereafter, at about 9.20 a.m., he produced the secret informer before Insp. Vivek Pathak. At 9.35 a.m., he recorded DD No. 12 Ex.PW9/A regarding receipt of secret information and submitted a copy thereof to Insp. Vivek Pathak. According to him, Insp. Vivek Pathak informed ACP Sube Ram Yadav about the secret information who directed him to take immediate action and thereafter, as per direction to Insp. Vivek Pathak, he organized the raiding party, collected IO bag, field testing kit and electronic weighing scale and proceeded to the spot vide departure entry DD No. 13 Ex.PW9/B. He deposed about apprehension, service of notice U/s. 50 of the NDPS Act, seizure of contraband and preparation of sample parcels Mark A, B and C of the contraband. He prepared rukka Ex.PW9/C and handed it over to Ct. Rakesh with the direction to hand over rukka to Duty Officer and case exhibits to Insp. Kuldeep Singh at PS Crime Branch, Nehru Place. He identified the cloth parcels Mark A, B and C before the Court as the contraband which was recovered from accused Rakesh @ Bhaiya. He identified the accused before the Court.