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1. Accused persons namely Arvind Yadav and Mohan Rai Arora were charged with the offence under Section 21(C)/25/29 of the Narcotic Drugs and Psychotropic Substances Act.

2. Brief Facts of the case as per prosecution are that on 14.03.2019 at about 9:45 PM, a secret information was received by ASI Ashok Kumar at the Office of Narcotics Cell, Crime Branch, Old Kotwali Daryaganj, Delhi that two persons namely Arvind and Monu, who were residing in Munirka along Page no. 1 with their associate Srikant, indulged in supply of Cocaine in wholesale and retail in Delhi, would come to supply Cocaine to someone between 11:00 PM to 12:00 mid-night near the office of SDM, Geeta Colony Delhi and if raid is conducted in time, they may be caught along with Cocaine. Thereafter, ASI Ashok Kumar produced the informer before Inspector Brij Pal Singh in his office at about 10:00 PM, who made enquiries from the informer and after satisfaction, the information was passed on to Shri R.K. Ojha, ACP/Narcotics telephonically, who directed him to take immediate appropriate legal action. The secret information was reduced into writing vide DD No. 26 at 10:20 PM and produced before Insp. Brij Pal Singh in compliance of Section 42 NDPS Act and as per the direction of senior officers, a raiding team comprising Ct. Rajesh No. 1375/Crime, Ct. Sunil No. 1479/Crime and Ct. Pankaj, 925/Crime was constituted by ASI Ashok Kumar and team members were briefed by him. The raiding party departed for the spot vide DD No. 27 at 10:35 PM after taking IO bag, field testing Kit, electronic weighing scale in a private Vehicle driven by Ct. Pankaj along with the informer. At 11:00 PM, raiding party reached the spot i.e. near office of SDM, Geeta Colony Delhi and took position and at about 11:30 PM, one silver colour Scorpio Vehicle No DL-8C-AQ-0099 was seen coming from Pusta road side towards SDM Office, Geeta Colony in which two persons were sitting. The Secret informer identified the person sitting on driver seat as Monu and the person sitting next to him as Arvind. At the instance of informer, the said vehicle was intercepted and both the persons sitting in the car were overpowered. The name and addresses of the apprehended persons were revealed as the Mohan Rai Arora @ Monu s/o Lt. Rajender Arora r/o A-74, Malviya Nagar, Delhi Age 30yrs and Arvind Yadav s/o A. Alexender Yadav r/o CA4C, Page no. 2 DDA Flat, Munirka Delhi Aged 43yrs. The search of vehicle No. DL-8C-AQ-9099 was carried out and a black color polythene packet was recovered from the dash board of the car and from the black color polythene packet, two transparent polythene packets containing white color powdery substance were recovered. The substance recovered from both the transparent polythene packets was tested on testing kit and found to be Cocaine. The transparent polythene packets weighing 200 grams each were given Mark-A and Mark-B. The recovered Cocaine was seized after drawing samples from it. It was explained to the apprehended persons that the police team was having secret information that they (apprehended persons) were indulged in supply of Cocaine and there was possibility of further recovery of cocaine from their possession/personal search. Accused persons were also informed about their legal right to be searched in the presence of a Gazetted Officer or Magistrate and that they could also conduct search of members of police party & police vehicle, prior to their search, but both of them declined to avail their rights and refused to take search of the police party and police vehicle. Thereafter, written notices under Section 50 NDPS Act were served upon the accused persons and they wrote their reply on the carbon copy of notice u/s 50 NDPS Act in their own handwriting and signed the same. Thereafter, both apprehended persons were brought to the office of Narcotics Cell at Darya Ganj and produced before Sh R.K. Ojha, ACP Narcotics Cell, where their personal search was carried out before ACP/Narcotics Cell. During personal search of accused Arvind and accused Mohan Rai @ Monu, nothing incriminating could be recovered. The Vehicle Scorpio bearing No. DL-8C-AQ-9099 used for the transportation of recovered cocaine was also taken in police possession vide a separate Page no. 3 seizure memo. Thereafter, the present case FIR No. 61/19 dated 15.03.19 u/s 21/25/29 NDPS Act was registered at PS Crime Branch and further investigation was entrusted to SI Arvind Kumar. During investigation, accused Arvind and Monu were arrested by SI Arvind Kumar. FSL result was obtained with opinion that "On Chemical, TLC & GC-MS examination, exhibit 'A-1' & 'B-1' were found to contain 29.9% & 59.4% Cocaine respectively". After completion of investigation, chargesheet was filed before the Court. During investigation, third accused person namely Srikant Ranganathan was also arrested and the supplementary charge sheet was filed before the Court on 07.01.2020.

6. PW-2 SI Ashok Kumar deposed that on 14.03.2019 he was posted as ASI with Narcotic Cell Crime Branch Delhi and on that day at about 9:45 pm, secret informer came to his office and informed that Monu, Arvind and Srikant resident of Munirka used to deal in cocaine in wholesale and retail and on that day accused Monu and Arvind would come in Scorpio car bearing no. DL 8CAQ 9099 silver colour at Geeta Colony, near SDM office between 11:00 pm to 12:00 night and if nakabandi is done, they could be apprehended and cocaine would be recovered from their car. He further deposed that after being satisfied with the secret information, he produced the secret informer before Inspector Brijpal in his office and also communicated the secret information to him. He further deposed that Inspector Brijpal after being satisfied informed ACP Sh. R.K. Ojha regarding the secret information, who directed to take action immediately and the information was entered in roznamcha vide DD No.26 at 10:20 pm and copy thereof was produced before Inspector Brijpal in compliance of section 42 of the NDPS Act Ex.PW2/A. He further deposed that on the instructions of Inspector Brijpal, a raiding party was prepared including him, Constable Sunil, Constable Rajesh and Constable Pankaj and he took IO bag, field testing kit and electronic weighing scale and made departure entry in roznamcha vide DD No.27 at 10:35 pm Ex. PW2/B. He further deposed that they left their office along with secret informer in Swift Dzire car driven by Constable Pankaj and in the way they stopped the vehicle at red light signal Shantivan, where he asked four public persons to join the raiding party after telling them about the secret information but none of them agreed to Page no. 5 join the raiding party and left after telling their genuine difficulties and due to paucity of time notice could not be served upon them. He further deposed that due to lack of time search warrant for the search of vehicle of the accused persons was not obtained and thereafter, they reached near SDM office, Geeta Colony at about 11:00 pm and parked the car at the road side towards Geeta Colony and started waiting for the accused persons in their car and at about 11:30 pm, Scorpio car bearing no. DL 8CAQ 9099 was seen coming from Pusta Road on slow speed and secret informer identified the driver as Monu and the person sitting on the seat adjacent to driver as Arvind. He further deposed that thereafter secret informer left from there and when the Scorpio car crossed their car then they took their car in front of the Scorpio car and stopped the Scorpio car. He further deposed that they apprehended both accused persons namely Mohan Rai Arora and Arvind Yadav and took the search of the Scorpio car bearing no. DL 8CAQ 9099, wherein one heavy black polythene was found in the dashboard of the Scorpio car. He further deposed that on being checked said polythene, two transparent polyethene containing white powder was found and the substance / white powder of the transparent polyethene were tested through field testing kit, which was found to be cocaine and on being weighed, 200 grams of cocaine was found in each polythene mark A and mark B. He further deposed that he took two samples of 5-gram heroin from polythene mark A in small polyethene which were tied with rubber band and converted into cloth pullandas which were mark A1 and A2 and 190 grams cocaine was left in the transparent polythene mark A. He further deposed that he took two samples of 5 gram heroin from polythene mark B in small polythenes, which were tied with rubber band and converted Page no. 6 into cloth pullandas which were mark B1 and B2 and 190 grams cocaine was left in the transparent polythene mark B. He further deposed that he sealed all the pullandas with the seal of 6CPS/ NB DELHI and filled Form FSL and sealed it with the same seal. He further deposed that all the sealed pullandas and Form FSL were taken into police possession vide seizure memo Ex. PW2/C and he handed over the seal to Constable Rajesh and Scorpio car bearing no. DL 8CAQ 9099 was seized vide seizure memo Ex. PW2/D. He further deposed that he apprised accused persons about the secret information and told them that there are chances of more recovery of contraband from them, hence, their search would be taken and it was their legal right to give their search in presence of Gazetted officer or Magistrate and they can also take search of the police officers and he served notice under section 50 of the NDPS Act to accused persons Arvind Yadav and Mohan Rai Arora @ Monu and carbon copy of the notices are Ex. PW2/E and Ex. PW2/F and receiving of the accused persons were taken on the carbon copy of the notices. He further deposed that both accused persons refused to avail their legal right and replies of the accused persons were recorded on the back of the carbon copy of the notices Ex.PW2/G and Ex. PW2/H and thereafter, they took accused persons to their office at Kotwali and produced them before ACP Sh. R.K. Ojha in his office, where their personal search was carried out, however no contraband was recovered. He further deposed that thereafter, he prepared rukka Ex.PW2/K and handed over rukka, sealed parcels of case property, FSL Form and photocopy of seizure memo to Ct. Sunil and sent him to PS Crime Branch at 4.30 am with the directions to hand over the rukka to duty officer and remaining articles/documents to SHO PS Crime Branch. He further Page no. 7 deposed that after registration of FIR, investigation was assigned to SI Arvind Kumar and he handed over the documents prepared by him and custody of the accused persons to SI Arvind Kumar and also handed over keys of the Scorpio car to him. He along with SI Arvind Kumar went to the spot and SI Arvind Kumar inspected the spot at his instance and prepared site plan Ex. PW2/L and thereafter they returned to office of Narcotic Cell. He further deposed that SI Arvind interrogated accused Arvind Yadav and arrested him at about 10 am on 15.03.2019 vide arrest memo Ex.PW2/M, his personal search was effected vide memo Ex.PW2/M1 and disclosure statement was recorded vide memo Ex.PW2/N. He further deposed that thereafter, SI Arvind interrogated accused Mohan Rai Arora @ Monu and arrested him at about 11am on 15.03.2019 vide arrest memo Ex.PW2/O, his personal search was effected vide memo Ex.PW2/P and disclosure statement was recorded vide memo Ex.PW2/P1. He further deposed that that both accused persons Arvind Yadav and Mohan Rai Arora were produced before Inspector Brijpal. He submitted report under section 57 NDPS Act to senior officers which is Ex.PW2/Q. He identified both accused persons Mohan Rai Arora @ Monu and Arvind Yadav before the Court. He further identified the two transparent polythene containing cocaine Mark A and B tied with rubber band kept in a black polythene as recovered from the dashboard of the Scorpio car of the accused persons. He identified the polythene of cocaine mark A Ex. P-1 and polythene containing cocaine mark B Ex. P-2 and Black polythene Ex. P-3.

11. PW7 Sanjay Kanhaiya, Senior Assistant, Transport Office Page no. 10 Mall Road, Delhi brought the record of Mahindra Scorpio vehicle bearing registration no. DL 8C AQ 9099 and as per record the vehicle was owned by accused Arvind Yadav s/o Sh. A.A. Yadav, R/o. CA-4C, Block A, Munirka, DDA Flats, Delhi. The record/ particulars of the said vehicle brought by PW7 is Ex. PW7/A.

12. PW8 Ct. Sunil Kumar deposed that he was posted as Constable on 14.03.2019 with Narcotic Cell Crime Branch Delhi and at about 10.30 pm, ASI Ashok Kumar called him to his office along with Ct. Pankaj and Ct. Rajesh and told them that secret information had been received that accused Arvind Yadav and one Monu were involved in large scale trade and retail sale of cocaine with their associate Srikant in Delhi. He further deposed that ASI Ashok Kumar told them that as per information accused Arvind Yadav and Monu would come to supply cocaine to some person between 11.00 pm to 12.00 midnight near SDM office, Geeta Colony in a Scorpio vehicle Silver color bearing no. DL 8CAQ 9099 and the secret informer was also present and thereafter, raiding team was prepared by ASI Ashok Kumar and ASI Ashok Kumar had taken IO bag, field testing kit and electronic weighing machine with him. He further deposed that departure was recorded vide DD No.27 at 10.35 pm from the office of Narcotic Cell for the spot and on the way at Shantivan traffic signal ASI Ashok Kumar asked 4-5 members of the public to join the investigation but all refused citing their reasons and at about 11.00 pm, they reached near the spot and parked the vehicle on the road going towards SDM office Geeta Colony and started waiting for the Scorpio vehicle as per information. He further deposed that at about 11.30 pm, secret informer pointed towards a Scorpio vehicle bearing no. DL 8 CAQ 9099 coming from the side of Pusta Road going towards Page no. 11 SDM office and the secret informer disclosed that the person sitting on the driver seat was Monu and person sitting on front passenger seat was accused Arvind Yadav and thereafter, secret informer got down from their vehicle and went towards Pusta Road and just when the Scorpio vehicle passed them, they chased the said vehicle with their vehicle for about 50 meters and stopped the Scorpio vehicle after over taking it in front of SDM office and at about 11.35 pm, they had apprehended both the persons. He further deposed that ASI Ashok Kumar ascertained their names and addresses and the person sitting on the driver seat told his name as accused Mohan Rai Arora @ Monu and person sitting adjacent to the driver seat revealed his name as accused Arvind Yadav. He further deposed that ASI Ashok Kumar took search of the Scorpio car and a heavy black polythene was found from the dashboard of the said car, on being checked, two transparent polythenes containing white powder were found in the black polythene. He further deposed that opening of transparent polythene were closed with interlock zip and ASI Ashok Kumar checked the powder of both the polythenes through field testing kit and it was found to be cocaine and Mark A and B were given to the transparent polythene containing cocaine and on being weighed, each polythenes containing cocaine 200-200 grams each. He further deposed that ASI Ashok Kumar had drawn two samples of cocaine from polythene Mark A of 5-5 grams each and gave mark A1 and A2 to the samples drawn from polythene mark A and the remaining 190 grams cocaine which was kept in polythene mark A was tied with rubber band. He further deposed that ASI Ashok Kumar had drawn two samples of cocaine from polythene Mark B of 5-5 grams each and gave mark B1 and B2 to the samples drawn from polythene mark B Page no. 12 and the remaining 190 grams cocaine which was kept in polythene mark B was tied with rubber band and polythenes containing cocaine mark A and B were kept in the same black polythene and converted into cloth parcel and giving mark C. He further deposed that Form FSL was filled and ASI Ashok Kumar sealed all the parcels Mark A1, A2, B1, B2 and C and Form FSL with the seal of GCPS /NB DELHI and handed over the seal to Constable Rajesh and seized them vide seizure memo Ex. PW2/C and Scorpio car of the accused persons were also taken into police possession through seizure memo Ex. PW2/D. He further deposed that ASI Ashok Kumar apprised the accused persons Mohan Rai Arora and Arvind Yadav about the secret information and told them that there are chances of more recovery of contraband from them, therefore, their search would be taken and it is their legal right to give their search in presence of Gazetted Officer or Magistrate and they can also take search of the police officers and thereafter, ASI Ashok Kumar served notice under section 50 of the NDPS Act to both the accused persons Arvind Yadav and Mohan Rai Arora @Monu, carbon copy of which are lready Ex. PW2/E and Ex. PW2/F respectively. He further deposed that both accused persons refused to avail their legal right and their replies were recorded on the back of the carbon copy of notice Ex.PW2/G and Ex. PW2/H respectively. He further deposed that they had taken the accused persons to their office at Kotwali and he had driven the Scorpio car of the accused persons and Ct. Pankaj had driven the white Swift Dzire car in which raiding team came to the spot. He further deposed that they reached their office at about 2.30 am on 15.03.2019 and both the accused persons were produced before ACP Sh. R.K. Ojha in his office and their search was effected but no other contraband was found from Page no. 13 them and ASI Ashok Kumar prepared memos of non recovery Ex. PW2/1 and Ex. PW2/J respectively. He further deposed that ASI Ashok Kumar prepared rukka and handed over to him alongwith all the sealed parcels of case property, FSL Form and photocopy of seizure memo and sent him to PS Crime Branch at 4.30 am with the directions to hand over the rukka to duty officer and case property to SHO PS Crime Branch. He went to PS Crime Branch in white Swift Dzire car driven by Ct. Pankaj and reached there at about 5.15 am and handed over rukka to the duty officer and case property, Form FSL and copy of seizure memo to SHO PS Crime Branch. He further deposed that at about 7.00 am duty officer handed over tehrir and copy of FIR to him alongwith some copies of relevant DD entry. He reached his office at about 7.45 am and handed over the said documents to SI Arvind Kumar, who recorded his statement from 9.00 am to 9.45 am. He identified accused Mohan Rai Arora in the Court and accused Arvind Yadav, who was on interim bail and appeared through video conferencing in the Court. He also identified the polythene of cocaine mark-A Ex. P-1, polythene containing cocaine mark-B Ex. P-2 and Black polythene Ex. P-3. He further identified sample parcel mark A2 Ex. P-4 and Sample parcel mark B2 Ex. P-5 as well as sample parcel mark A1 Ex. P-6 and Sample parcel mark B1 Ex. P-7. He identified original notices under section 50 of the NDPS Act Ex.P-8 and Ex.P-9, Scorpio car bearing No. DL 8CAQ 9099 Ex.P-10 and its four photographs on the judicial file Ex. P-11 (colly.).

25. Arguments have been argued. Record perused.

26. In the present case, the prosecution witnesses PW2, PW8 & PW9 have deposed that on 14.03.2019 at about 9:45 pm, secret informer came to the office of PW2 and informed that Monu, Arvind and Srikant resident of Munirka used to deal in cocaine in wholesale and purchoon and on that day, they would come in Scorpio car bearing no. DL 8CAQ 9099 silver colour at Geeta Colony, near SDM office between 11:00 pm to 12:00 night and if nakabandi is done, they could be apprehended and cocaine would be recovered from their car. PW2 further deposed that after being satisfied with the secret information, he produced the secret informer before Inspector Brijpal in his office and also communicated the secret information to him. PW2 further deposed that Inspector Brijpal after being satisfied informed ACP Sh. R.K. Ojha regarding the secret information, who directed to take action immediately and the information was entered in roznamcha vide DD No.26 at 10:20 pm and copy thereof was produced before Inspector Brijpal in compliance of section 42 of the NDPS Act Ex.PW2/A. PW2 further deposed that on the instructions of Inspector Brijpal, a raiding party was prepared including him, PW8 Constable Sunil, PW9 Constable Rajesh and PW11 Constable Pankaj and he took IO bag, field testing kit and electronic weighing scale and made departure entry in roznamcha vide Page no. 29 DD No.27 at 10:35 pm Ex. PW2/B. PW2, PW8 & PW9 have further deposed that they left their office along with secret informer in Swift Dzire car driven by PW-11, Constable Pankaj and in the way they stopped the vehicle at Shantivan red light, where PW2 asked four public persons to join the raiding party after telling them about the secret information but none of them agreed to join the raiding party and left after telling their genuine difficulties and due to paucity of time notice could not be served upon them. These witnesses have further deposed that due to lack of time search warrant for the search of vehicle of the accused persons could not be obtained and thereafter, they reached near SDM office, Geeta Colony at about 11:00 pm and parked their car on the road side towards Geeta Colony and started waiting for the accused persons in their car. PW2, PW8 and PW9 further deposed that at about 11:30 pm, Scorpio car bearing no. DL 8CAQ 9099 was seen coming from Pusta Road at a slow speed and secret informer identified the driver as Monu @ Mohan Rai Arora and the person sitting on the seat adjacent to driver as Arvind Yadav. They further deposed that thereafter secret informer left from there and when the Scorpio car crossed the police vehicle, raiding team intercepted the Scorpio car with their car and apprehended both the accused persons namely Mohan Rai Arora and Arvind Yadav. PW2 took the search of the Scorpio car bearing no. DL 8CAQ 9099 and found one heavy black polythene in the dashboard of the Scorpio car. They further deposed that on being checked said polythene, two transparent polyethene containing white powder was found and the substance / white powder of the transparent polyethene were tested through field testing kit, which was found to be cocaine and on being weighed, 200 grams of cocaine was found in each polythene marked as mark A and Page no. 30 mark B. They further deposed that PW2 took two samples of 5- gram each from polythene mark A in small polyethene which were tied with rubber band and converted into cloth pullandas which were marked as Mark A1 and A2 and 190 grams cocaine was left in the transparent polythene mark A. They further deposed that PW2 took two samples of 5 gram each from polythene mark B in small polythenes which were tied with rubber band and converted into cloth pullandas which were marked as mark B1 and B2 and 190 grams cocaine was left in the transparent polythene mark B. PW2 further deposed that he sealed all the pullandas with the seal of 6CPS/ NB DELHI and filled Form FSL and sealed it with the same seal. PW2 has deposed that all the sealed pullandas and Form FSL were taken into police possession vide seizure memo Ex. PW2/C and PW2 handed over the seal to Constable Rajesh and Scorpio car bearing no. DL 8CAQ 9099 was seized vide seizure memo Ex. PW2/D. PW2, PW8 & PW9 have further deposed that PW2 apprised accused persons about the secret information and told them that there are chances of more recovery of contraband from them, hence, their search would be taken and it was their legal right to give their search in presence of gazetted officer or Magistrate and they can also take search of the police officers and PW2 served notice under section 50 of the NDPS Act to accused persons Arvind Yadav and Mohan Rai Arora @ Monu and receiving of the accused persons were taken on the carbon copy of the notices, which are Ex. PW2/E and Ex. PW2/F. PW2, PW8 & PW9 have further deposed that both accused persons refused to avail their legal right and recorded their replies in their own handwritings on the back of the carbon copy of the notices Ex.PW2/G and Ex. PW2/H. These witnesses have further deposed that they took accused persons to their office at Page no. 31 Kotwali and produced them before ACP Sh. R.K. Ojha in his office, where their personal search was carried out, however no contraband was recovered from them. They further deposed that thereafter, PW2 prepared rukka Ex.PW2/K and handed over rukka, sealed parcels of case property, FSL Form and photocopy of seizure memo to Ct. Sunil and sent him to PS Crime Branch at 4.30 am with the directions to hand over the rukka to duty officer and remaining articles/documents to SHO PS Crime Branch. They have further deposed that after registration of FIR, investigation was assigned to SI Arvind Kumar, who carried out further investigation.