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4. After hearing the prosecution as well as the defence, charge U/s 21 (c) of NDPS Act, u/s 14 Foreigners Act and 468/471 IPC was framed against the accused on 31.03.2022, to which the accused pleaded "Not Guilty" and thus claimed trial.

5. During the course of the trial, the prosecution examined 13 witnesses. SI Charan Singh is the star witness of the prosecution for the alleged recovery and the complainant in the present case.

6. SI Charan Singh is examined as PW12 and has deposed that on 21.04.2019 he was posted at Narcotics Squad, District West as ASI. PW12 further deposed that on that day, at about 07:00 AM, one secret informer came in their office and informed him that one African fellow namely Geoffrey, who used to supply Heroin would come on the Khyala road between 08:00-09:00 AM on a scooty no. DL-9SBJ-4469 to supply Heroin to someone. PW12 further deposed that thereafter, at about 07:20 AM, he produced STATE Vs. GEOFFREY BOATENG PS Khyala the secret informer before Inspector Sudesh Ranga, who after inquiry, telephonically informed ACP Sandeep Gupta, about the same & obtained directions for raid and further necessary action. PW12 further deposed that Inspector Sudesh Ranga accordingly directed him to take further necessary action. PW12 further deposed that at about 07:35 AM, he made an entry vide DD No.2 in compliance of Section 42 NDPS Act and produced a copy of same before Inspector Sudesh Ranga. PW12 further deposed that thereafter, he constituted a raiding party consisting of HC Sanjay, Ct. Abhay, Ct. Suresh & the secret informer and collected IO kit, field testing kit, electronic weighing machine etc. from the office. Thereafter, he made departure entry vide DD No. 3 and they left the office at about 07:50 AM in a private vehicle no. HR-15D-1485 which belongs to and was being driven by HC. PW12 further deposed that they reached at Keshavpur Mandi, T- point, Khyala at about 08:10 AM through Najafgarh road, Tilak Nagar, Ganesh Das Khatri Marg and Outer Ring road. PW12 further deposed that the abovesaid vehicle was parked at some distance from there and he again briefed the member of the raiding party. PW12 further deposed that he had also requested 5- 7 public persons to join the raiding party by telling them the facts of the secret information but none came forward. PW12 further deposed that then he deployed HC Sanjay and Ct. Abhay towards STATE Vs. GEOFFREY BOATENG PS Khyala Keshavpur Depot. PW12 alongwith Ct. Suresh and secret informer had taken their position on the other side of the road towards Keshavpur Mandi, by hiding themselves behind the vehicles and started waiting for the accused to come. PW12 further deposed that at about 08:25 AM, one African came on a scooty no. DL-9SBJ-4469 from Janakpuri side, stopped his scooty on the turning leading towards Khyala road and started waiting for someone. PW12 further deposed that the secret informer after seeing that person stated that he was the same African fellow and thereafter left from the spot. PW12 further deposed that after 5-7 minutes that African fellow started moving from there and they gave pre-determined signal to the members of the raiding party. PW12 further deposed that they cardoned the said person and on interrogation his name revealed as Geoffrey Boateng S/o Macho Boateng R/o Ghana. PW12 further deposed that he introduced himself and other members of the raiding party to the accused and informed him that he is having an information that he had come there to supply Heroin to someone and for that purpose his search is required to be taken. PW12 further deposed that he had informed accused that his personal search can be conducted in the presence of Gazetted officer or the Magistrate and also explained him the meaning of Gazetted officer or Magistrate. PW12 also informed him all his rights STATE Vs. GEOFFREY BOATENG PS Khyala including his right to conduct the personal search of the police party and vehicle prior to his personal search. PW12 explained all these things to accused in English language and accused stated that he required some Gazetted Officer at the spot. PW12 further deposed that thereafter, he prepared notice u/s 50 of NDPS Act and the original of the same was given to the accused, the carbon copy of the same is Ex.PW11/DX1 bearing his signature at point X. PW12 further deposed that thereafter he made a call to ACP Sandeep Gupta and requested him to reach at the spot. PW12 further deposed that at about 09:25 AM, he came at the spot and in the meantime, some public persons also gathered at the spot. PW12 further deposed that they were again requested to join the proceedings but none came forward. PW12 further deposed that ACP introduced himself before the accused and directed him to conduct the search of the accused. PW12 further deposed that he conducted the search of accused and from his right pocket of the lower, one polythene was recovered and same was found containing some substance. PW12 further deposed that he checked that substance on field testing kit and it came to be Heroin. PW12 further deposed that he weighed that substance and it came to be 320 gm of Heroin. Thereafter, PW12 had drawn two samples of 5 gm each and kept the same in small polythene. Thereafter, PW12 kept the small polythene in a cloth STATE Vs. GEOFFREY BOATENG PS Khyala parcel and gave marking as Mark A and B. PW12 further deposed that the remaining Heroin was kept in the same polythene and was kept in a separate cloth parcel and was given Mark C. PW12 further deposed that he affixed his seal of CS on all the three pullandas and prepared FSL form at the spot and prepared the seizure memo of the case property as Ex.PW11/A. PW12 further deposed that he also inquired the accused about his passport and other documents, but accused had not given any satisfactory reply. PW12 further deposed that his ACP left the spot by giving necessary instruction to him. PW12 further deposed that he handed over the seal to Ct. Suresh, prepared Tehrir as Ex.PW12/A and handed over the same to Ct. Abhay with the direction to hand over the same to the DO for registration of the FIR. PW12 further deposed that he also gave three sealed parcels, carbon copy of seizure memo and FSL form to Ct. Abhay with the direction to hand over the same to the SHO. PW12 further deposed that later on ASI Suresh Pal/IO came at the spot and he produced the accused & the documents before the him. PW12 further deposed that he also produced the aforesaid scooty before IO/ASI Suresh, who also prepared site plan at his instance as Ex.PW12/B. PW12 further deposed that IO also prepared seizure memo of the scooty as Ex.PW12/C and thereafter, he left from the spot. PW12 further deposed that on STATE Vs. GEOFFREY BOATENG PS Khyala 21.04.2019, he prepared report u/s 57 NDPS Act as Ex.PW4/P2. The DD No. 2 and 3 as Ex.PW4/P1 and Ex.PW12/D respectively. PW12 has correctly identified the accused during his testimony in the court.

10. ACP Sudesh Ranga is examined as PW4 and has deposed that on 21.04.2015, he was posted as Inspector at Narcotics Squad West District. PW4 further deposed that on that date at about 07:30 secret informer informed him that one person namely Geoffrey, who used to supply Heroin, would come between 08:00 AM to 09:00 AM near Keshavpur, Sabji Mandi, T- point on a soooty bearing no DC-95BG-4469 make Honda and would supply the Heroine to someone & can be caught, if raid is conducted. PW4 further deposed that at about 07.30 am, he telephonically informed to the ACP Sandeep Gupta about the said information on his official mobile no. 8750871193 from his STATE Vs. GEOFFREY BOATENG PS Khyala mobile phone 9999663307. PW4 further deposed that ACP Sandeep Gupta instructed him to take appropriate action as per law. PW4 further deposed that at 07.35 AM ASI Charan Singh recorded DD No. 2 as Ex. PW4/P1 in this regard and handed over the copy of the same to him in compliance of 42 of NDPS Act and he forwarded the same to ACP. PW4 further deposed that thereafter, ASI Charan Singh constituted a raiding team and they departed from the office in civil dress at about 07.50 am along with IO bag, field testing kit, Electronic weighing machine in Maruti Swift Car bearing No. HR-15D-1485 belonged to HC Sanjay vide DD No. 3. PW4 further deposed that after registration of the present case the investigation of the present case was marked to ASI Suresh Pal, who produced the accused Geoffrey Boateng before him in his office after arrest. PW4 further deposed that ASI Charan Singh informed him about the recovery of 320 gm of Heroin recovered from accused Geoffrey Boateng in writing u/s 57 of NDPS Act as Ex. PW4/P2 and he forwarded the said written information to ACP Operation Cell, West District. PW4 further deposed that ASI Suresh Pal also informed about the arrest of the accused Geoffrey Boateng in writing u/s 57 of NDPS Act as Ex.PW4/P3.