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Showing contexts for: Pushing constable in State vs . Christion Asieme Nsofor, on 4 August, 2016Matching Fragments
1. The case of the prosecution is that on 03.07.2012 at about 5.00 p.m., a secret informer came to the office of Narcotics Cell, Shakkarpur and informed SI Satyawan that a person, namely, Christion, who was a Nigerian national and dealt in supply of Heroin and Cocaine, would come near Metro Pillar No. 741, Uttam Nagar, New Delhi between 7.00 p.m. to 7.30 p.m. for supplying huge quantity of Heroin to someone. SI Satyawan recorded the secret information vide DD No. 35 at 5.30 p.m. He produced the secret informer before Inspector Vivek Pathak and handed over a copy of DD No. 35 to him. Inspector Vivek Pathak forwarded the copy of the said DD to Sh. Bir Singh, ACP, Narcotics Cell and directed SI Satyawan to conduct raid. Accordingly, SI Satyawan constituted a raiding team comprising of himself, HC Pradeep Khatri, HC Abdul Hakim, Constable Satish and Constable Sohanpal. Armed with drug testing kit and electronic weighing scale, the raiding team left the office of Narcotics Cell alongwith secret informer in a government vehicle No. DL 1CM 4228 driven by Constable Rajender and reached the spot at 7 p.m. On the way as well as at the spot, public persons were asked to join the proceedings but they refused to do so. Around 7.10 p.m., one person of African origin was seen coming on foot from the side of Dwarka Mor Metro Station. The secret informer identified him as the accused person. The accused was apprehended from the spot when he started going back after waiting for five minutes. Secret information was disclosed to the accused and he was apprised about his legal right to be searched in the presence of a Gazetted Officer or a Magistrate. He was also served with notice under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). However, the accused declined to avail the same. From the search of the accused, one transparent polythene pouch tied with rubber band and containing matiala coloured powder was recovered from the right side pocket of his pant. Upon testing and weighing, the powder was found to be 400 gms of Heroin. Two samples of 5 gms each were drawn which were converted into two pulandas Mark A and B. The remaining Heroin was kept in a separate pulanda Mark C. FSL form was filled. All the aforesaid pulandas were sealed with the seal of 7 APS NB DELHI and seized. While the proceedings were being conducted, the accused pushed Constable Satish and tried to flee from the spot. Upon being chased by HC Pradeep Khatri, the accused manhandled him and bit his right hand thumb. The accused also caught hold of both the ears of HC Pradeep Khatri and kicked him. Thereafter, the accused torn his own shirt and banged his forehead against the Metro pillar which caused injuries to him. Thus the raiding team took the accused to Lok Nayak Hospital where he and HC Pradeep Khatri were medically examined. After obtaining the MLCs, the raiding team alongwith accused reached the office of Narcotics Cell at about 11.55 p.m. Rukka was prepared and on the basis thereof, FIR No. 182/12 under Section 21 NDPS Act and Sections 186/353/332 IPC was registered at P.S. Crime Branch, Malviya Nagar. The case property was also sent to the SHO Inspector C.R. Meena who deposited the same in malkhana after affixing his seal of CRM. The accused was arrested and his disclosure statement was recorded. Site plan was prepared and statements of witnesses were recorded. Reports under Section 57 NDPS Act regarding seizure and arrest were prepared and sent to the ACP. The sample of the recovered substance was sent to FSL, Rohini, for chemical examination and was found to contain Diacetylmorphine and Phenobarbital. During investigation, it was revealed that the visa of the accused was forged and his stay in India was unauthorised. After completion of investigation, the chargesheet was filed.