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2) The charges were framed under S.14 of the Dangerous Drugs Act, 1930 and the prosecution examined 15 PWs. The accused was also examined under 313 Cr.P.C. and opted to examine 5 DWs.

PW­1 : Sh. R.P. Gupta (Security officer - cum - Registrar American School)

3) On the date of occurrence the PW­1 was in American Embassy school for checking the security near the Southern entrance gate of the school. One DSP Shri DK Papriwal contacted PW­1 outside the gate of RC No.03/1984­CIU(NC), CBI Vs. Vinod Kumar Bhatnagar the school at about 9:15 pm. Mr. Papriwal also disclosed his identity and requested PW­1 to join the raiding party to witness the search, of heroin. At that time maintenance supervisor Mr. Vimal Kumar (PW­6) was also with PW­1. They saw one person V.K. Bhatnagar being interrogated by the CBI. The accused V.K. Bhatnagar told that he had some contraband. However, the occupant of the other car was able to make an escape. The key of the dickey was taken from the accused V.K. Bhatnagar and thereafter the fiat car was searched and from the dickey one blue coloured suitcase was recovered from the dickey of the car. The DSP requested help in searching the contents and PW­1 allowed the use of the school facility to open the suitcase. PW­1 obtained the permission of the Director of the School on telephone for the use of the school facility by the raiding party which was approved by him. Suitcase Ex. P­1 was opened. They found a blue coloured flowery printed quilt on top and underneath the raiding party took out 18 packages of white substance in that. All the packages were opened one by one which were wrapped in polythene covers and weighed, and all the measurements were recorded. Recovery memo Ex. PW 1/A was prepared at the spot which is signed by PW­1 at point A. Facsimile seal was affixed on each page of the recovery memo. The personal search of the accused was also conducted vide memo Ex. PW 1/B which bears signature of the said witness at point A. Search memo in regard to both the cars was also prepared at the spot which is Ex. PW 1/C and D which bears signature of the said witness at point A. Seal after use was handed over to me vide memo Ex. PW 1/E which bears signature of the said RC No.03/1984­CIU(NC), CBI Vs. Vinod Kumar Bhatnagar witness at point A. Site plan was also prepared at the spot which also bears signature of the said witness at point A on Ex. PW 1/F. However, the said seal was not produced by PW­1 in the court. Facsimile of seal of CBI­E was prepared at the spot which was signed at point A which is Ex. PW 1/G. A Slip Ex. P2 was affixed on the suitcase Ex. P1 which bears signature of the said witness at point A. The keys by which the suitcase was opened was also sealed in any envelop which bears signature of the said witness and the envelope is Ex. P3 and my signature is at point A. All the packages bears signature of the said witness at point A. These all envelopes are sealed with the seal of CBI­E and all the envelopes bears signature of the said witness. The packets numbering 18 were weighed separately and their weights were written on the paper and they weigh varying from ½ kg to 3 kg or near about. The samples were also taken out from each packet of heroin weighing about 5 grams and 2 samples each were taken from all the 18 packets and in this way 36 samples were taken out which were also sealed separately in envelopes. Out of those 36 envelopes, 18 envelopes are Ex. P­40 to P­57 which are all having the seal of CBI­E intact and are also bearing signature of the said witness at place A. Pillow cover is Ex.P­94. These proceedings started at about 9:15 pm and lasted for about 4 hours till about 1:15 / 1:30 A. M. in the night. The total weight was around 21 Kg.

7) PW­5 was working as DSP CBI in the Narcotics branch from Middel of August 1982 to August 1986. On 23.01.84 PW­5 was directed his S.P. to lead a patrol party in C. Puri Area New Delhi for the purpose of conducting surprise check, in order to detect illicit trafficking in narcotics drugs. Accordingly, PW­5 along with Inspectors, Rajinder Singh, Jai Singh and SI Umed Singh left CBI office at about 20:45 pm that day by the staff car no. DHE 1178 for the purpose of patrolling. The car was driver by Constable driver Rattan Singh. At about 21:15 hours they were patrolling in C. Puri area on Chandergupta Marg and outside American Embassy school on whitish fiat car was seen parked on the left hand side of the road. PW­5 asked the driver to stop the car by the side of that car. Then PW­5 asked Inspector Rajinder Singh and Inspector Jai Singh to question the occupant / driver of the car about his presence at that point of time. Both these officers went to that car and asked the occupant about his presence at that point of time. That person had subsequently disclosed his name as Vinod Kumar Bhatnagar, s/o Sh. BS Bhatnagar, r/o Ashia House KG Marg, New Delhi could not satisfactorily explain about his presence. Inspector Rajinder Singh had asked him to come out of the car and to that he made an attempt to start the car and leave the scene. Ins. Rajinder Singh forced him out of the car and put off the ignition switch. The person who was forced out of the car is present in the court i.e. the accused Vinod Kumar Bhatnagar. On this Ins. Rajinder Singh had questioned him about his conduct of starting the car, the accused got perplexed and revealed that he had a suit case in the dickey of his car containing herein powder. I came out of the car and RC No.03/1984­CIU(NC), CBI Vs. Vinod Kumar Bhatnagar on seeing two persons at the gate of the school called them. PW­5 introduced himself and asked about their identity. One of them is told that he was Mr. RP Gupta Security Officer and Registrar of the American Embassy School and the other disclosed that he was Mr. Vimal Kumar working as Maintenance Supervisor in that school. The accused was asked if he had any associate with him. He pointed out towards a car on the opposite side of the road. Immediately, Ins. Rajinder Singh proceeded to that car from which a person alighted and started running, on the road in the southern direction. Rajinder Singh Ins gave a chase to him but returned after sometime and informed that he could not apprehend that person. Then CBI officers and the witnesses offered their personal searches to the accused during which nothing incriminating was found. Before the personal search PW­5 had asked Sh. RP Gupta and Vimal Kumar to become witness to the incident to which they agreed. Searches of the raiding party were given in the presence of these witnesses, who also gave their personal search to the accused.

PW6: Shri Vimal Kumar S/o Shri Prem Nath, age 58 r/o A­19, Amar Colony, Lajpat Nagar

12)As per the testimony of PW­6 he was working as Maintenance Supervisor in American Embassy School. During January 1983 also, he was working in the same place. Shri R.P. Gupta was the Security Officer of the school. On 23.01.84, PW­6 and Mr. R.P. Gupta (PW­1) were present in the school at about 9.00 p.m. when Shri Papriwal of CBI approached and said that he needed some help. Thereafter the 'boot' of the car was checked and the suit­case was recovered. The suit­case was taken inside the reception of the school and the articles were taken out and a list was prepared. There were 18 packets in all. There Mr. Papriwal told PW­6 that the substance was 'confirmed' heroine. One pillow was also found inside the suitcase. Each packet was weighed separately and was listed. The total weight was between 22 or 21 kg approximately. Each packet was opened and small quantity of heroin was taken out from each packet which was divided into two portions. Thus out of the 18 packets 36 samples were drawn. The samples were taken in brown envelopes and these envelopes were sealed. The samples were marked A­B­C etc. The remaining packets containing the substance were also sealed by putting them in some envelopes probably brown in colour.