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On further inquiry, the accused further disclosed that the material which was found in the polythene was heroin upon which ASI Sanjay telephonically informed Inspector I C AATS, Dwarka for sending Gazetted Officer to the spot. Thereafter, on the directions of ASI Sanjay, Ct. Arjun went to the office of AATS for an electronic weighing machine and field testing kit. ASI Sanjay while serving notice under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act) apprised the accused about the secret information and his legal rights. During the aforesaid proceedings, 4­5 public persons had gathered at the spot and they were requested to join the proceedings by ASI Sanjay but all refused the same and left the spot without disclosing their names and addresses and as such no legal notice was served to them. At about 8:50 a.m, Ct. Arjun returned back at the spot with an electronic weighing machine and field­testing kit and handed it over to ASI Sanjay and during this period, ACP Bijender Singh, Dabri also reached the spot and ASI Sanjay produced the transparent polythene which was recovered from the accused before the ACP and thereafter, accused was inquired by the ACP Bijender Singh. Thereafter, ASI Sanjay checked the material which was found in the transparent polythene through a field testing kit, and the same was found to be heroin weighing 130 gms. It is further the case of the prosecution that thereafter, further proceedings were conducted while seizing the case property. It is further the case of the prosecution that thereafter, ASI Sanjay inquired from the accused regarding his passport upon which, he produced his passport no. A00333787 before him. The passport was in the name of Anayo Daniel, Nationality Nigerian, date of birth 14.12.1985, date of issue 21.02.2014, and date of expiry 20.02.2019 and no visa was lying on the passport. ACP Bijender put his signatures on the seizure memo of the case property at point B and left the spot. Thereafter, ASI Sanjay prepared a tehrir and handed over the same to Ct. Manoj for registration of FIR along with sealed case property and seizure memo of case property.

10. PW5 is Constable Manoj Kumar.This witness was on patrolling duty with PW­4 ASI Sanjay. He has deposed that on 17.12.2019, he was posted at AATS, Dwarka as a Constable and on that day, he joined the investigation along with IO ASI Sanjay, SI Roshan Lal, ASI Randhir, HC Jatinder, Ct. Manish and Ct. Arjun and they were on patrolling duty in Dwarka District in two vehicles. He has further deposed that one car was driven by ASI Sanjay and another car was driven by SI Roshan Lal and at about 07.35 a.m, they reached at Dwarka More, Near Metro Pillar No.781, on road between Uttam Nagar to Najafgarh and put barricades and started checking of vehicles. He has further deposed that at about 08.05 a.m, one person who looks like African origin was coming from the side of Uttam Nagar on foot and after seeing the police party he turned back and tried to flee away from there. He has further deposed that on suspicion ASI Sanjay, apprehended him with the help of other staff members and inquired him, however, the said person did not cooperate with the police party and thereafter, ASI Sanjay took the search of accused with his help and during his search one transparent polythene containing matmelacolour powder, was recovered from the right pocket of his pant. He has further deposed that on enquiry, accused revealed his name as Anayo Daniel and on further inquiry, accused told that the recovered substance is heroin upon which ASI Sanjay telephonically informed Inspector I/C AATS, Dwarka and requested him to send Gazetted Officer at the spot. Thereafter, at about 08.20 a.m, ASI Sanjay sent Ct. Arjun for a field test kit and electronic weighing machine at AATS Office. He has further deposed that thereafter, ASI Sanjay prepared notice under Section 50 NDPS Act in two sets and apprised the accused about his legal rights and the said notice is Ex. PW­4/A. He has further deposed that IO requested 4­5 passers­by to join the investigation but all refused the same and left the spot without disclosing their names and addresses. He has further deposed that at about 08.50 a.m, Ct. Arjun returned back at the spot and handed over Field Testing Kit and electronic weighing machine to the IO. He has further deposed that in the meantime, ACP Bijender Singh, also reached the spot and inquired the accused. He has further deposed that in the presence of ACP Bijender Singh, ASI Sanjay checked the recovered contraband with the help of Field Test Kit and same was found Heroin and on weighing, it was found 130 Gram. He has further deposed that thereafter, IO kept the said polythene with heroin in a transparent plastic box and the lid of the box closed with the help of doctor's tape and prepared pulanda, Mark 'A' and sealed the same with the seal of 'RLY' vide memo Ex­PW4/B. He has further deposed that IO also seized his passport number A00333787, which was produced by the accused at the spot itself vide memo already Ex, PW4/C and he correctly identified the same and same is already Ex. P­1. He has further deposed that seal after use was handed over to Ct. Arjun. He has further deposed that thereafter, IO prepared a tehrir and handed over to him for the registration of FIR along with sealed case property and copy of seizure memo for proceedings upon which he handed over the case property and seizure memo to the SHO and rukka to the IO and after registration of FIR, he returned back at the spot and handed over the copy of FIR and original tehrir to the second IO ASI Vinod. He has further deposed that IO ASI Vinod, prepared a site plan at the instance of ASI Sanjay and also recorded his statement. He has further deposed that thereafter, accused Anayo Daniel was arrested vide arrest memo Ex. PW5/A and his personal search was conducted vide memo Ex. PW5/B and recorded his disclosure statement Ex. PW5/C and thereafter, they returned to the police station Bindapur. He has further deposed that IO carried out an investigation from SHO and MHC(M) and collected the copy of proceedings under Section 55 NDPS Act. He has further deposed that thereafter, he along with IO and all raiding team with accused reached at ACP Office, where IO carried out the investigation from the ACP and recorded his statement. Thereafter, they reached AATS Dwarka and took the accused to DDU hospital for medical examination and after collecting the medical examination report, they returned back to AATS Office, Dwarka and IO recorded his statement. This witness was also cross­examined by Ld. defence counsel.

26. To support the case of the prosecution, the role of each police witness is also important as they were the part of investigation and acted according to the work assigned to them. The instant case hinges on the testimonies of the police witnesses. At this stage, it would be relevant to go through the testimony of material witness i.e PW­4 ASI Sanjay. He is the first IO of the case and has deposed that on 17.12.2019, he was posted at AATS, Dwarka Sector­16 as an ASI and on that day, he along with SI Roshan Lal, ASI Randhir, HC Jitender, Ct. Manish, Ct. Arjun and Ct. Manoj were on morning patrolling checking vide DD no. 3, Mark X and at about 7:05 a.m, they proceeded from the office of AATS, Sector­16 in two private cars out of which, in one car, he along with ASI Randhir, Ct. Arjun and Ct. Manoj and another car which was driven by SI Roshan Lal accompanied with HC Jitender and Ct. Manish and at about 7:35 a.m, they reached near Metro Pillar no. 781, Dwarka Najafgarh Road and put barricades and started checking the vehicles coming from the side of Uttam Nagar to Najafgarh. He has further deposed that at about 8:05 a.m, one person looks like African origin was coming from the side of Uttam Nagar on foot and after seeing the police party, he returned back and tried to escape from the spot whom he apprehended him with the help of Ct. Manoj and in the meantime, other staff members also reached there. He has further deposed that the said person was inquired upon which he started shouting and on suspicion, the cursory search of accused was taken with the help of Ct. Manoj and one transparent polythene was recovered from the front right pocket of his pant which was found containing brown (matmella) powder and on enquiry, he revealed his name as Anayo Daniel, permanent resident of Nigeria and temporarily residing at UG Floor, Left side, Janki Puri, Uttam Nagar, New Delhi and also disclosed that the recovered material is heroin. He has further deposed that thereafter, he informed Inspector I C AATS, Dwarka through telephone for sending Gazetted Officer at the spot. He has further deposed that thereafter, Ct. Arjun went to the office of AATS on his directions for an electronic weighing machine and field testing kit. He has further deposed that thereafter, he informed the accused regarding his rights and prepared notice under Section 50 NDPS Act and original copy of the notice under Section 50 NDPS Act, Ex. PW­4/A was served to the accused and also read the notice to the accused. He has further deposed that he requested 4/5 passers­by to join the investigation but all refused the same and left the spot without disclosing their names and addresses and therefore, no legal notice was served to them. He has further deposed that at about 8:50 a.m, Ct. Arjun returned back to the spot with an electronic weighing machine and field­testing kit and handed over the same to him. He has further deposed that ACP Bijender Singh/Dabri i.e PW­13 also reached the spot to whom he produced the transparent polythene recovered from the accused and thereafter, accused was inquired by the ACP Bijender Singh and checked the material through field testing kit and same was found to be heroin and on weighing the same with transparent polythene, it was found containing 130 gms and thereafter, the case property i.e transparent polythene containing 130 gms of heroin kept in a transparent plastic box which was sealed with doctor's tape and marked A and sealed with the seal of RLY and same was seized vide memo Ex. PW­4/B and seal after use was handed over to Ct. Arjun. He has further deposed that on inquiry, the accused produced his passport no. A00333787 which was in the name of Anayo Daniel, Nationality Nigerian, date of birth 14.12.1985, date of issue 21.02.2014 and date of expiry 20.02.2019 and no visa was lying on the passport and same was seized vide seizure memo Ex. PW­4/C. He has further deposed that ACP Bijender put his signatures on the seizure memo of the case property at point B and left the spot. He has further deposed that he prepared a tehrir Ex. PW­4/E and same was handed over to Ct. Manoj for registration of FIR along with sealed case property and seizure memo of case property and after registration of FIR, the investigation of the present case was marked to ASI Vinod. He has further deposed that at about 11:35 a.m, he also made the DD entry (telephonically) regarding the arrest of the accused, recovery of case property and registration of the FIR vide DD no. 8 which is already Ex. PW­3/A and after some time, ASI Vinod reached the spot to whom he handed over the accused and all the documents. He has further deposed that ASI Vinod prepared site plan Ex. PW­4/F at his instance and recorded his statement and thereafter, he returned back to AATS Office and sent a written information/report under Section 57 NDPS Act to ACP Operation Ex. PW­4/G. This witness was cross­ examined by Ld. defence counsel.