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6. PW2 Head Constable Sanjay Kumar deposed that on 01.08.2019, he was posted at Narcotic Cell Crime Branch, Old Kotwali Building, Delhi and on that day at about 3.35 pm, SI Vishan Kumar called him in his office, where HC Ramesh Kumar, No. 146/Crime and HC Ramesh, No.373/Crime and secret informer were already present. SI Vishan Kumar told them about the secret information that two Afgani Nationals namely Jabiuulah Rahimi and Masjidi Firoz would come near Bus stand, Geeta Colony, Pusta Road going towards Shakarpur between 4.00 pm to 4.30 pm to supply heroin to someone and if raid is conducted, they could be apprehended with heroin while supplying to third person. SI Vishan Kumar prepared a raiding party including himself, PW2, HC Ramesh Kumar, No.146/Crime and HC Ramesh, No.373/Crime. He further deposed that SI Vishan Kumar along with members of the raiding team, secret informer left the office of Crime Branch for the spot at about 3.45 pm after taking IO bag, field testing kit, electronic weighing machine vide DD no.17 in a private car bearing no. DL2CAP3942 Wagon R Silver colour, which was driven by SI Vishan Kumar and secret informer was sitting on the seat adjacent to driver seat and he had taken the route via Shantivan red light, Geeta Colony, Yamuna Bridge and stopped the vehicle twenty meters before Bus Stand, Geeta Colony, Pusta Road and vehicle was parked on the side of the road at about 3.55 pm. He further deposed that on the way to spot, SI Vishan Kumar had asked 4-5 rickshaw pullers to join the raiding party at Shantivan red light, but Page no. 5 of 46 none agreed and left after telling their difficulties. SI Vishan Kumar had also requested 4-5 persons to join the raiding party at Bus Stand, Geeta Colony, Pusta Road but none agreed and left after telling their difficulties. SI Vishan Kumar briefed the members of the raiding party upto 4.00 pm and thereafter members of the raiding party had taken position near Bus Stand, Geeta Colony, Pusta Road going towards Shakarpur within a radius of 10- 15 meter. He further deposed that at about 4.10 pm, two Afgani National were seen coming from Shakarpur side towards Bus Stand Geeta Colony and on seeing them from the distance of 30 meters, secret informer pointed out one of them, who was wearing badami colour afgani Kurta Pajama and having mehroon colour bag in his right hand as Jabiuulah Rahimi and secret informer identified the other Afgani person as Masjidi Firoz, who was wearing blue colour Afgani Kurta Pajama and having green colour heavy polythene in his right hand and after identifying both the persons, secret informer left from there towards Geeta Colony. He further deposed that both the Afgani persons stood ten meters away from Bus Stand Geeta Colony towards Shakarpur and started waiting for someone after watching in different directions and after waiting for ten minutes, both the Afgani persons begin to return towards Shakapur, at which, the members of the raiding party chased them on which both the persons become suspicious and started running towards Shakarpur on seeing the police party and he along with HC Ramesh No.146/Crime apprehended the accused Jabiuulah Rahimi at a distance of 18-20 meters and SI Vishan Kumar along with HC Ramesh Kumar, No.373/ Crime apprehended accused Masjidi Firoz at a distance of 18-20 meters at about Page no. 6 of 46 4.20 pm. Both the accused persons tried to flee from the custody of the police officials, but they were told that they were apprehended by the police and SI Vishan Kumar gave introduction of himself and police party and told them about the secret information. On Inquiry, the names of the accused persons were revealed as Jabiuulah Rahimi and Masjidi Firoz with their addresses. He further deposed that SI Vishan Kumar asked 5-6 passersby to join the investigation, but none agreed and left after telling their difficulties and SI Vishan Kumar called the car to the spot. He further deposed that SI Vishan Kumar had taken the bag from the hand of accused Jabiuulah Rahimi and apprehended him. On checking the bag, one transparent polythene was found and on opening the polythene tied with rubber band, it contained cream colour powder which was checked through field testing kit and it was found heroin. He further deposed that on being weighed the heroin was found 300 grams along with polythene and SI Vishan Kumar had taken two samples of 5 grams each from the heroin in small polythenes and converted them in pullandas which were given mark A1 and mark A2 and the remaining 290 grams heroin which was in polythene was again kept in the mehroon bag and converted into pullanda and mark A was given to the pullanda and all the three pullandas mark A1, A2 and mark A were sealed with the seal of 2BPS/NB DELHI and all the pullandas were signed by the witnesses and the accused Jabiuulah Rahimi. He further deposed that the green colour polythene carried by accused Masjidi Firoz was taken from his hand by SI Vishan Kumar and on checking the transparent polythene it was found containing cream powder and opening of which was tied with rubber band was found and on being checked Page no. 7 of 46 by field testing kit powder was found as heroin. He further deposed that on being weighed, 300 grams heroin was found and SI Vishan Kumar took two samples of 5 grams each from the heroin in small polythenes and converted them in pullandas which were given mark B-1 and mark B-2 and the remaining 290 grams heroin which was in polythene was again kept in the green polythene and converted into pullanda and mark B was given to the pullandas and all the three pullandas mark B-1, B-2 and mark B were sealed with the seal of 2BPS/NB DELHI and all the pullandas were signed by the witnesses and the accused Masjidi Firoz. He further deposed that SI Vishan Kumar filled FSL Form and sealed the same and thereafter the seal was handed over to HC Ramesh, No.146/Crime. He further deposed that all the sealed pullandas and Form FSL were taken into police possession through seizure memo Ex.PW2/A and thereafter notices under section 50 of the NDPS Act were served upon the accused persons Jabiuulah Rahimi and Masjidi Firoz due to possibility of further recovery from both accused persons, firstly accused Jabiuulah Rahimi was asked that his search would be taken as there are chances of further recovery of contraband from him and it is his legal right to give his search in presence of Gazetted Officer or Magistrate and he can take search of the police officials, but accused Jabiuulah refused to avail his legal right. He further deposed that the contents of the notice and meaning of Magistrate and Gazetted Officer was explained to accused and original notice under Section 50 of the NDPS Act was given to the accused Jabiuulah Rahimi. Refusal of the accused Jabiuulah was recorded on the carbon copy of the notice by SI Vishan Kumar Ex.PW2/B and reply of the Page no. 8 of 46 accused is Ex.PW2/C. He further deposed that thereafter accused Masjidi Firoz was asked that his search would be taken as there are chances of further recovery of contraband from him and it is his legal right to give his search in presence of Gazetted Officer or Magistrate or that he can take search of the police officials, but accused Masjidi Firoz refused to avail his legal right and the contents of the notice and meaning of Magistrate and Gazetted Officer was explained to the accused. He further deposed that original notice u/s 50 of the NDPS Act was given to accused Masjidi Firoz and refusal of the accused Masjidi Firoz was recorded on the carbon copy of the notice by SI Vishan Kumar Ex.PW2/D and reply of the accused Masjidi Firoz Ex.PW2/E. He further deposed that thereafter both accused persons were taken to the office at Narcotic Cell at about 7:45 pm and reached there at about 8.00 pm and both accused persons were produced before ACP Sh. Sandeep Lamba who was apprised about the facts of the case and the search of accused persons were taken before ACP Sandeep Lamba, but no other contraband was recovered from them and SI Vishan Kumar prepared non recovery memos in this regard relating to accused Jabiuulah Rahimi is Ex.PW2/F and relating to accused Masjidi Firoz is Ex.PW2/G. He further deposed that thereafter SI Vishan Kumar prepared tehrir and handed over tehrir, all the sealed pullandas, Form FSL, copy of seizure memo to HC Ramesh Kumar, No.373/ Crime and sent him to PS Crime Branch Pushp Vihar Delhi at about 10.30 pm with the direction to hand over the tehrir to the duty officer and sealed pullandas, Form FSL, copy of seizure memo to SHO PS Crime Branch. He further deposed that on 02.08.2019 at about 2.00 am HC Ramesh Page no. 9 of 46 Kumar, No. 373/Crime returned to Narcotic Cell office and produced original tehrir and copy of FIR to SI Rakesh Duhan as investigation was assigned to him and SI Vishan Kumar had apprised the facts of the case to SI Rakesh Duhan and handed over the custody and documents to him. He further deposed that at about 2.30 am, SI Rakesh Duhan and SI Vishan Kumar went to the spot and returned at about 3.15 am to the office. SI Rakesh Duhan recorded statement of SI Vishan Kumar. He further deposed that thereafter IO SI Rakesh Duhan interrogated accused Jabiuulah Rahimi and arrested him at about 4.00 am vide arrest memo Ex.PW2/H and conducted his personal search vide memo Ex.PW2/1 in which Rs.1820/-, one photocopy of his Passport, one original notice u/s 50 of the NDPS Act and some documents were found and same were mentioned in the personal search memo. IO recorded disclosure statement of accused Jabiuulah Rahimi Ex.PW2/J. He further deposed that SI Rakesh Duhan interrogated accused Masjidi Firoz and arrested him at about 5.00 am vide arrest memo Ex.PW2/K and conducted his personal search vide memo Ex.PW2/L in which Rs.1750/, identity card, one original notice u/s 50 of the NDPS Act and two rings were found and same were mentioned in the personal search memo. IO recorded disclosure statement of accused Masjidi Firoz Ex.PW2/M. He further deposed that thereafter both the accused persons were produced before Inspector Ram Manohar in his office at about 5.30 am and Inspector Ram Manohar made enquiry and satisfied himself about the recovery and arrest of the accused persons. He further deposed that IO recorded statement of Inspector Ram Manohar between 5.45 am to 6.15 am. IO recorded statement between 10.00 am to 11.00 Page no. 10 of 46 am. He identified both accused persons before the Court and case property i.e. heroin Ex. P1.

9. PW5 SI Vishan Kumar deposed that on 01.08.2019, he was present in his office at Narcotics Cell Crime Branch, Old Kotwali Building, Delhi and on that day at about 2.30 pm, a secret informer came to office and informed him that two Afghani nationals namely Jabiuulah Rahimi and Masjidi Firoz would come near Bus stand, Geeta Colony, Pusta Road going towards Shakarpur between 4.00 pm to 4.30 pm for supplying heroin to some person and they could be apprehended. He further deposed that he interacted with the informer and then produced him before Inspector Ram Manohar in his office at 2.45 and shared the facts with him. He further deposed that Inspector Ram Manohar confirmed the secret information from secret informer and went to ACP R.K. Ojha and informed him about the information. He further deposed that ACP directed to conduct raid after preparing a team under his leadership. He further deposed that he recorded the secret information in roznamcha vide DD entry No. 16 at about 3.20 pm and produced its copy before Inspector Ram Manohar as per section 42 of the NDPS Act already Ex. PW3/A. He further deposed that he called HC Sanjay, HC Ramesh Kumar, HC Ramesh in his office at about 3.35 pm and shared the secret information Page no. 13 of 46 with them. He prepared a raiding party including himself, HC Sanjay, HC Ramesh Kumar and HC Ramesh. He further deposed that he left the office of Narcotics Cell, Crime Branch at about 3.50 pm after taking IO bag, field testing kit, electronic weighing machine vide DD entry no. 17 by private car bearing registration no. DL 2 CAP 3942 Wagon R Silver colour for the spot, which was driven by him and the secret informer was sitting on the seat adjacent to him. He further deposed that they took the route via Shantivan red light, Geeta Colony, Yamuna Bridge and stopped the vehicle about twenty meters Bus stand, Geeta Colony, Pusta Road. He further deposed that the vehicle was parked at a side of the road at about 3.55 pm and he asked 4-5 rickshaw pullers/ passerbys to join the raiding party on the way at Shantivan red light but none agreed and left after telling their difficulties. He briefed the members of the raiding party till 4.00 pm and thereafter, members of the raiding party had taken their positions near bus stand, Geeta Colony, Pusta Road going towards Shakarpur within a radius of 10-15 meters. He further deposed that two Afgani Nationals were seen coming from Shakarpur side at about 4.10 pm towards bus stand Geeta Colony and on seeing them from distance of 30 meters, the secret informer pointed out one of them who was wearing badami colour afgani Kurta Payjama, having mehroon colour bag in his right hand as Jabiuulah Rahimi and the secret informer identified the other Afgani person as Masjidi Firoz who was wearing blue colour Afgani Kurta Pajama and having seen polythene in his right hand and thereafter, secret informer left from there towards Geeta colony. He further deposed that both accused persons stopped near Bus stand Geeta Colony Page no. 14 of 46 towards Shakarpur side and they were waiting for someone and looking in different directions and after waiting for ten minutes and both accused persons started leaving towards Shakarpur. He further deposed that he followed accused persons and on seeing them, both accused persons started running towards Shakarpur side and thereafter, he alongwith HC Ramesh apprehended accused Masjidi Firoz. He further deposed that HC Sanjay and HC Ramesh Kumar apprehended accused Jabiuulah Rahimi at a distance of 20 meters at about 4.20 pm and despite being apprehended, both accused persons were trying to flee from their custody. He further deposed that both accused persons were told they were apprehended by the police officials and gave introduction of himself and the police party, he apprised them about the secret information and on enquiry, accused persons revealed their names as Jabiuulah Rahimi and Masjidi Firoz and thereafter, PW5 asked 5-6 passerbys to join the investigation but none agreed and left after telling their difficulties. He called the car to the spot through HC Ramesh and took the bag from the hand of accused Jabiuulah Rahimi and checked it. He further deposed that one transparent polythene was found in the bag with the opening of the polythene, tied with rubber band, containing cream colour powder and after opening the polythene, powder was checked through field testing kit and was found as heroin. He further deposed that on being weighed, heroine was found to be 300 gms alongwith the polythene. He drew two samples of 5 gms each from the heroine in small polythenes, converted them in pullandas and given Mark A1 and Mark A2. He further deposed that then he took green colour polythene from the hand of accused Masjidi Page no. 15 of 46 Firoz, who was apprehended by HC Ramesh, on checking the green polythene, it was found containing a transparent polythene which contained cream colour powder and on opening of transparent polythene, tied with rubber band, he checked the cream colour powder by field testing kit, which was found to be heroin, on being weighed the heroin was found to be 300 grams. He further deposed that he drew two samples of 5 gms from the heroin in small polythenes and converted them in pullandas by giving mark B-1 and mark B- 2 and remaining 290 gms heroin which was in transparent polythene, was again kept in the green polythene and converted into pulanda with the help of white cloth and given mark B. He had sealed all the three pullandas B-1, B-2 and mark B and accused also signed all the pulandas. He further deposed that after the use of seal, he handed over the same to HC Ramesh. He further deposed that notices u/s 50 NDPS Act were served upon accused persons as there was chances of further recovery. He further deposed that firstly accused Jabiuulah Rahimi was asked that his search would be taken as there are chances of further recovery of contraband from him. He further deposed that legal rights u/s 50 NDPS Act were explained to accused by stating that he can give his search in the presence of any nearest Gazetted Officer or any Magistrate but accused refused to avail his legal right and contents of notice u/s 50 NDPS Act was also explained to him. Refusal of accused Jabiuulah was recorded on carbon copy of the notice Ex. PW2/B and his reply is Ex. PW2/C. He further deposed that thereafter, accused Masjidi Firoz was informed that his search would be taken as there were chances of further recovery of contraband from him and further informed about his legal Page no. 16 of 46 regard that he could give his search in the presence of any nearest Gazetted Officer or any Magistrate but accused Masjidi Firoz refused to avail his legal right. Refusal of accused Masjidi was recorded on the carbon copy of the notice Ex. PW2/D and his reply Ex. PW2/E. He further deposed that both accused persons were taken to the office of Narcotics Cell at about 7.45 pm from the spot and reached the office at about 8.00 pm, where he produced both accused persons before the ACP Sandeep Lamba, who was apprised about the facts of the case and the search of accused persons were taken before ACP Sandeep Lamba but no other contraband was recovered from their possession. Non recovery memos of accused Jabiuulah Rahim Ex. PW2/F and of accused Masjidi Firoz Ex. PW2/G were prepared. He further deposed that he prepared Tehrir Ex. PW5/A and handed over it, all the sealed pulandas, Form FSL, Copy of seizure memos to HC Ramesh Kumar and sent him to PS Crime Branch Pushap Vihar, Delhi at about 10.30 pm with the directions to hand over the tehrir to the Duty Officer and sealed pulandas, Form FSL, copy of seizure memo to SHO PS Crime Branch. He further deposed that SI Rakesh Duhan met him in office at about 1.30 am on 02.08.2019 as further investigation was assigned to him. He further deposed that he apprised SI Rakesh Duhan about the facts of the case and produced both accused persons before him alongwith documents prepared. He further deposed that at about 2:00 am, HC Ramesh returned from PS Crime Branch and handed over copy of FIR and Tehrir to SI Rakesh Duhan. He further deposed that at about 2.30 am, he alongwith SI Rakesh Duhan went to the spot where SI Rakesh Duhan inspected Page no. 17 of 46 the spot at his instance and prepared site plan Ex. PW5/B and returned to office at about 3.15 am. He identified both accused persons correctly before the Court and case property.

10. PW6 ASI Ramesh Kumar deposed that on 01.08.2019, he was posted at Narcotic Cell Crime Branch, Old Kotwali Building, Delhi and on that day at about 3.35 pm, SI Vishan Kumar called him in his office where HC Ramesh Kumar and HC Sanjay and secret informer were already present. He further deposed that SI Vishan Kumar told them about the secret information that two Afgani Nationals namely Jabiuulah Rahimi and Masjidi Firoz would come near Bus stand, Geeta Colony, Pusta Road going towards Shakarpur between 4.00 pm to 4.30 pm to supply heroin to someone and if raid was conducted, they could be apprehended with heroin while supplying to third person. He further deposed that after that SI Vishan Kumar prepared a raiding party including himself, PW6, HC Ramesh Kumar, No.146/Crime and HC Sanjay. He further deposed that SI Vishan Kumar along with members of the raiding team, secret informer left the office of Crime Branch at about 3.45 pm after taking IO bag, field testing kit, electronic weighing machine vide DD entry no.17 by private car bearing no. DL 2 CAP 3942 Wagon R Silver colour for the spot, driven by SI Vishan Kumar, The secret informer was sitting on the seat adjacent to driver seat and they had taken the route via Shantivan red light, Geeta Colony, Yamuna Bridge and stopped the vehicle 20 meters before Bus Stand, Geeta Colony, Pusta Road and vehicle was parked at a side of the road at about 3.55 pm. He further deposed that on the way IO/SI Vishan Kumar asked 4-5 rickshaw pullers/ independent public persons to Page no. 18 of 46 join the raiding party at Shantivan red light but none agreed and left after telling their difficulties. He further deposed that SI Vishan Kumar also requested 4-5 persons to join the raiding party at Bus Stand, Geeta Colony, Pusta Road but none agreed and left after telling their difficulties. He further deposed that SI Vishan Kumar briefed the members of the raiding party upto 4.00 pm, thereafter, members of the raiding party took their position near Bus Stand, Geeta Colony, Pusta Road going towards Shakarpur within a radius of 10-15 meter. He further deposed that at about 4:10 pm, two Afghani Nationals i.e. both accused persons were seen coming from Shakarpur side towards Bus Stand Geeta Colony, on seeing them from the distance of 30 meters, secret informer pointed out one of them, who was wearing badami colour afgani Kurta Pajama and having mehroon colour bag in his right hand as Jabiuulah Rahimi and secret informer identified the other Afgani person as Masjidi Firoz, who was wearing blue colour Afgani Kurta Pajama having green colour heavy polythene in his right hand and after identifying both the persons secret informer left from there towards Geeta Colony. He further deposed that thereafter both the Afgani persons i.e. both accused persons stood ten meters away from Bus Stand Geeta Colony towards Shakarpur and started waiting for someone after watching in different directions and after waiting ten minutes, both them started returning towards Shakarpur, then members of the raiding party chased them on which becoming suspicious, started running towards Shakarpur on seeing the police party. He further deposed that HC Sanjay along with HC Ramesh No.146/Crime apprehended accused Jabiuulah Rahimi who was wearing badami Kurta Pajama at a Page no. 19 of 46 distance of 18-20 meters and SI Vishan Kumar along with HC Ramesh Kumar, No.373/ Crime apprehended accused Masjidi Firoz at a distance of 18-20 meters at about 4.20 pm. He further deposed that after being apprehended, both accused persons tried to flee from the custody of the police officials but they were told that they were apprehended by the police and SI Vishan Kumar gave his introduction and of police party and also apprised them about the secret information. He further deposed that the names of the accused persons were revealed as Jabiuulah Rahimi and Masjidi Firoz on enquiry with addresses. He further deposed that thereafter SI Vishan Kumar asked 5-6 passersby to join the investigation but none agreed and left after telling their difficulties and thereafter, SI Vishan Kumar summoned the car to the spot. He further deposed that SI Vishan Kumar took the bag from the hand of accused Jabiuulah Rahimi who was apprehended by HC Sanjay and checked the same on which one transparent polythene was found in the bag opening of the polythene, tied with rubber band which contains cream colour powder. After opening the polythene, powder was checked through field testing kit and found to be heroin. He further deposed that on being weighed the heroin was found 300 grams along with polythene. He further deposed that SI Vishan Kumar had taken two samples of 5 grams each from the heroin in small polythenes and converted them in pullandas after giving mark A1 and mark A2 and the remaining 290 grams heroin which was in polythene was again kept in the mehroon bag and converted into pullanda and mark A was given to the pullanda and after that all the three pullandas mark A1, A2 and mark A were sealed with the seal of 2BPS/NB DELHI by the IO. All the Page no. 20 of 46 pullandas were signed by the witnesses and accused Jabiuulah Rahimi. He further deposed that thereafter the green colour polythene carried by accused Masjidi Firoz was taken from his hand by SI Vishan Kumar, on being checked one transparent polythene containing cream powder and opening of which tied with rubber band was found and on being checked by field testing kit, powder was found to be heroin and on being weighed heroin was found 300 grams. He further deposed that SI Vishan Kumar took two samples of 5 grams each from the heroin in small polythenes and converted them in pullandas after giving mark B-1 and mark B-2 and remaining 290 grams heroin which was in polythene, was again kept in the green polythene and converted into pullanda after giving mark B. He further deposed that all the three pullandas mark B-1, B-2 and mark B were sealed with the seal of 2BPS/NB DELHI by the IO and all the pullandas were signed by the witnesses and accused Masjidi Firoz. He further deposed that SI Vishan Kumar filled Form FSL and sealed with the same seal, seal after use was handed over to HC Ramesh, No.146/Crime and all the sealed pullandas and Form FSL were taken into police possession through seizure memo Ex.PW2/A. He further deposed that thereafter notices under section 50 of the NDPS Act were served upon both accused persons Jabiuulah Rahimi and Masjidi Firoz due to possibility of further recovery from them. He further deposed that firstly accused Jabiuulah Rahimi was asked that his search would be taken as there are chances of further recovery of contraband from him and it is his legal right to give his search in presence of Gazetted Officer or Magistrate or that he could take search of the police officials but accused Page no. 21 of 46 Jabiuulah refused to avail his legal right. He further deposed that the contents of the notice and meaning of Magistrate and Gazetted Officer was explained to both accused persons and original notice u/s 50 of the NDPS Act was given to accused Jabiuulah Rahimi and his refusal was recorded on the carbon copy of the notice Ex.PW2/B and his reply Ex.PW2/C. He further deposed that thereafter accused Masjidi Firoz was asked that his search would be taken as there are chances of further recovery of contraband from him and it is his legal right to give his search in presence of Gazetted Officer or Magistrate or that he could take search of the police officials but accused Masjidi Firoz refused to avail his legal right and the contents of the notice and meaning of Magistrate and Gazetted Officer was explained to the accused Masjidi Firoz. He further deposed that original notice u/s 50 of the NDPS Act was given to accused Masjidi Firoz and his refusal was recorded on the carbon copy Ex.PW2/D and his reply Ex.PW2/E. He further deposed that thereafter both accused persons were taken to the office at Narcotic Cell at about 7.45 pm and reached there at about 8.00 pm, where both accused persons were produced before ACP Sh. Sandeep Lamba, who was apprised about the facts of the case and their search were taken before ACP Sandeep Lamba but no other contraband was recovered from them and SI Vishan Kumar prepared non recovery memos in this regard relating to accused Jabiuulah Rahimi Ex.PW2/F and accused Masjidi Firoz Ex.PW2/G. He further deposed that thereafter SI Vishan Kumar prepared a tehrir and handed over the same and all the sealed pullandas, Form FSL, copy of seizure memo to PW6 and sent to PS Crime Branch Pushp Vihar Delhi at Page no. 22 of 46 about 10.30 pm with the direction to hand over the tehrir to the duty officer and sealed pullandas, Form FSL, copy of seizure memo to SHO PS Crime Branch. He further deposed that at about 2.00 am on 02.08.2019, he returned to Narcotic Cell office and produced original tehrir and copy of FIR to second IO SI Rakesh Duhan as investigation was assigned to him as per the directions of senior officers. He further deposed that SI Vishan Kumar apprised the facts of the case to SI Rakesh Duhan and handed over the custody and documents to him related to the present case and at about 2.30 am, SI Rakesh Duhan and SI Vishan Kumar went to the spot and returned at about 3:15 am to the office and thereafter, SI Rakesh Duhan recorded statement of SI Vishan Kumar. He further deposed that thereafter IO SI Rakesh Duhan interrogated accused Jabiuulah Rahimi and arrested him at about 4.00 am vide arrest memo Ex.PW2/H and conducted his personal search vide memo Ex. PW2/I and in personal search of accused Jabiuulah Rahimi, Rs.1820/-, one photocopy of his Passport, one original notice u/s 50 of the NDPS Act and some documents were found which were mentioned in the personal search memo. He further deposed that IO recorded the disclosure statement of accused Jabiuulah Rahimi Ex.PW2/J. He further deposed that afterthat IO SI Rakesh Duhan interrogated accused Masjidi Firoz and arrested him at about 5.00 am vide arrest memo Ex.PW2/K and conducted his personal search vide memo Ex.PW2/L and in his personal search, Rs.1750/-, identity card, one original notice u/s 50 of the NDPS Act and two rings were found which were mentioned in the personal search memo. He further deposed that IO recorded the disclosure statement of Page no. 23 of 46 accused Masjidi Firoz Ex.PW2/M. He further deposed that thereafter both accused persons were produced before Inspector Ram Manohar in his office at about 5.30 am and Inspector Ram Manohar made enquiry and satisfied himself about the recovery and arrest of both accused persons. He further deposed that IO recorded statement of Inspector Ram Manohar between 5.45 am to 6.15 am and his statement also. He further deposed that original notice u/s 50 NDPS Act which was recovered from the possession of accused persons at the time of their search are Ex. PW5/11 and Ex. PW5/13. He further deposed that IO also seized the key, passport, identity card and photocopy register Ex.PW4/F, Ex. PW4/D, Ex. PW4/E and also prepared the seizure memo of photocopies register etc. vide seizure memo Ex. PW6/A. He identified both accused persons Jabiuulah and Masjidi Firoz before the Court and the case property.

26. The timeline in the present case as established by the testimonies of the prosecution witnesses shows that the secret information was received in the office of crime branch at about 2:30 pm by PW5, who after interacting with the informer produced him before Inspector Ram Manohar at 2:45 pm. Inspector Ram Manohar confirmed the facts from Page no. 37 of 46 the secret informer and went to ACP R.K. Ojha and informed him about the information, who directed to conduct the raid after preparing a team under the leadership of PW5. Roznamcha vide DD entry no. 16 Ex.PW3/A at about 3:20 was prepared and copy was produced before inspector Ram Manohar as per section 42 of NDPS Act. At about 3:35 pm team comprising PW2, PW6 and HC Ramesh led by PW5 was constituted and briefed by the PW5 regarding the secret information received. At about 3:50 the team left the office of Narcotics Cell, Crime Branch after obtaining IO bag, filed testing kit, electronic weighing machine vide DD No. 17. The team arrive at the spot at about 3:55 and was again briefed by PW5 till 4:00 pm. PW5 asked rickshaw pullers/passersby to join the raiding team but non agreed and left the spot citing their personal difficulties. The members of team took their positions. The accused persons were seen coming from Shakarpur side at about 4:10 pm and waited for somebody for about 10 minutes and thereafter started leaving towards Shakarpur. The raiding team members followed the accused persons, who on seeing the members of raiding team starting running towards Shakarpur. The raiding team members ran after them. PW5 alongwith HC Ramesh apprehended accused Masjidi Firoz and HC Sanjay and HC Ramesh Kumar apprehended accused Jabiuulah Rahimi at a distance of 20 meters at about 4.20 pm. The timeline suggests that the time duration between the receipt of secret information and the accused persons being apprehended is about 1 hour 50 minutes. The testimonies of PW2, PW5 and PW6 are consistent and remained uncontroverted on the aspect that PW 5 asked rickshaw pullers/passers-by to join the proceedings. During cross-