Document Fragment View

Matching Fragments

Thereafter, SI Sunil Jain recorded the factum of secret information as DD No. 5- A at 5.00 am and delivered copy thereof to the SHO for onward transmission to higher officers in compliance of section 42 NDPS Act, who forwarded the same to the senior officers. Thereafter under the directions of the SHO, SI Sunil Jain constituted a raiding party comprising of himself, Ct,Rajbir, Ct.Omprakash, Ct.Sohanpal & Ct.Satbir. Equipped with the Field Testing kit, Electronic Weighing scale and the IO bag, they all along with the secret informer, left the police station in official vehicle No.DL-1CF-3426 being driven by Ct.Satbir after making DD entry No.6-A at 5.15 am and reached Aggarwal Sweets at 6.00 am, via Pushta Road, Gandhi Nagar, Shastri Park and after taking U turn at Khajoori Chowk. On the way, just outside the police station five passers by and at Shastri Park red light four auto-rickshaw drivers at the spot four passers by were asked to join the raiding party by disclosing the facts of the secret information but they all left expressing their inability without disclosing their names and addresses.

PW-2 is HC Ishwar Singh who has deposed that while working as MHCM on 19.3.2007, three parcels mark A B & C, form FSL having the seals of 5CPSNB Delhi & 1 SHO NBR Delhi, and carbon copy of seizure memo pertaining to the present case were deposited with him by the SHO and he made entry at Srl.No.643 (Ex.PW-2/1) in this regard. On the said day, ASI Paramjeet Singh also deposited articles of personal search of the accused and he made entry Ex.PW-2/2. On 23.3.2007, he sent one parcel mark A alongwith form FSL to FSL Rohini vide RC No.209/21 through HC Vijaypal and made entry in register No.19 (Ex.PW2/3) and HC Vijaypal handed over carbon copy of the Road certificate bearing receipt of FSL for the articles sent to FSL and receipt concerning the same is Ex.PW-2/6. Later on 4.5.2007, HC Praveen Kumar handed over the result and parcel A duly sealed with the seal of FSL, qua which he made entry in register No.19 (Ex.PW-2/4) and on 8.5.2007 he handed over the result to IO of the case vide entry Ex.PW-2/5. PW-5 is ASI Ghasi Ram Duty officer PW-3 Ct.Sohanpal and PW-6 HC Omprakash are the members of the raiding party and recovery witnesses and PW-4 is ASI Paramjeet Singh is the 2nd IO of the case. PW-6 HC Om Prakash has fully supported the case of the prosecution and has deposed that on 19.3.2007 he was posted at PS Narcotics Branch, Shakarpur as Constable and on that day at about 5.00 am, SI Sunil Jain constituted a raiding party comprising of himself, Ct. Rajbir, witness & Ct. Sohanpal and informed about secret information that one person namely Ishtikar Khan @ Javed resident of Ilaychipur, Loni, who used to smack heroin along with his wife, would come in between 6.15 am to 7.00 am in front of Aggarwal Sweets , Khajuri Khas red light, Delhi to supply heroin to someone. Thereafter, at about 5.15 am, the members of the raiding party along with the secret informer left the PS in official vehicle No DL 1CF 3426 being driven by Ct Satbir. Before leaving the PS, SI Sunil Jain had taken his IO bag, Field testing kit & Electronic weighing machine On the way, at Pushta road after leaving the PS, SI Sunil Jain asked 4-5 passersby and 4 TSR drivers at Shastri Park red light, to join the raiding party, but none agreed and left the place without disclosing their names and addresses. As per this witness, they reached the spot i.e. Aggarwal Sweets, Wazirabad road, at about 6.00 am where SI Sunil Jain asked 4 public persons to join the raiding party but none agreed and left without disclosing their names and addresses. The official vehicle was parked towards Ghaziabad side from the Aggarwal Sweets at a distance of 100 meters and Ct. Satbir was deputed on the vehicle with the direction to bring the vehicle as and when signal is given. Thereafter, SI Sunil Jain briefed the members of the raiding party in detail and , a trap was laid there. SI Sunil Jain along with Ct. Sohanpal and the secret informer took their position in front of Aggarwal Sweets while other members of the raiding party took the position in the area of 20 meters. At about 6.25 am, accused present in the court came from the side of Loni and he reached in front of Aggarwal Sweets after crossing the red light. Secret informer pointed out towards the accused and left the spot. At that time accused was wearing brown colour pant and guava colour shirt. Accused stood in front of Aggarwal Sweets and started waiting for some one and when after 3-4 minutes he started to move from there, he was apprehended at about 6.30 am. SI Sunil Jain introduced himself and the members of the raiding party to the accused and also told the accused that he received an information that he is in possession of heroin and his search is to be taken. SI Sunil Jain further apprised the accused of his legal rights. Thereafter, SI Sunil Jain asked the accused that if he wanted his search could be taken in the presence of Gazetted officer or a Magistrate. SI Sunil Jain further asked the accused that if he wanted he could take the search of the police officials and that of official vehicle prior to his own search, but accused refused both the offers. Thereafter, SI Sunil Jain prepared notice under section 50 NDPS Act and carbon copy of the same was served upon the accused. SI Sunil Jain also read over the contents of the notice to the accused. Notice under section 50 NDPS Act in original on record is already Ex PW 3/1 which bears his signatures at point B and thumb impression of the accused at point X. Reply of the accused was also recorded by SI Sunil Jain on the original notice under section 50 NDPS Act and same is Ex PW 3/2 which bears his signatures at point B and thumb impression of accused at point X. Thereafter, SI Sunil Jain asked 6-7 persons, who collected there, to join the proceedings but none agreed. Thereafter, SI Sunil Jain conducted the cursory search of the accused and one black colour polythene bag was recovered from the right pocket of his wearing pant. On checking the said polythene bag it was found containing one transparent polythene bag tied with a rubber band, which further found to contain brown colour powder. Thereafter, the recovered powder was tested with the help of field testing kit after removing the rubber band and it was found to be heroin. Thereafter the recovered heroin with transparent polythene bag was weighed and it was found to be 150 grams out of which two samples of 5 grams each were taken out and samples were put in two separate transparent polythene pouches tied with the rubber bands and then converted into parcels mark A and B. Remaining heroin in the same transparent polythene bag was again tied with the same rubber band and converted in to parcel mark C. All the three parcels were sealed with the seal of 5CPSNBDELHI SI Sunil Jain also filled up FSL form and seal mark of 5CPSNBDELHI was affixed on the same. After use the seal was handed over to him. Thereafter, all the three parcels, and FSL form were taken into possession vide seizure memo Ex PW 3/3 which bears his signatures at point B and signatures of the accused at point X. Thereafter SI Sunil Jain prepared rukka. Thereafter SI Sunil Jain handed over all the three parcels, FSL form, carbon copy of the seizure memo and rukka to Ct. Sohanpal with the direction to produce the rukka before the Duty officer and remaining articles before the SHO PS Narcotics Branch, who left the spot at about 9.30 am along with the above said articles in government vehicle being driven by Ct. Satbir.