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1. The prosecution case is that on 04.09.12 at about 10.30 am a secret informer came to narcotic cell and gave an information to SI Sunil Jain that two persons namely Zakir & Taufiq, who were R/o. J.P.Nagar, U.P used to bring heroin from Bareli and supply it in Delhi and they were likely to come at Akshardham Metro FIR No. 221/12, PS. Crime Branch Page 1 of 39 St. Vs. Mohd. Zakir Station near foot over bridge between 11.30 am to 12.30 pm. SI Sunil Jain produced the secret informer before Inspector Narcotic cell Vivek Pathak at 10.45 am, who satisfied himself about the secret information and informed ACP/ N & CP Beer Singh through telephone. ACP Beer Singh directed raid and necessary legal action. SI Sunil Jain wrote down the information vide DD No. 17 in rojnamcha register at 11 am. A copy of this DD Entry was produced before Inspector Narcotic cell for compliance of section 42 NDPS Act. SI Sunil Jain constituted a raiding party consisting of himself, HC Rohtash, HC Yogesh, HC Om Prakash and HC Mukesh Kumar. The raiding party alongwith secret informer left in Govt. vehicle no. DL1 CM 4228 driven by Ct. Rajender. The IO was carrying with him the IO Bag, field testing kit and electronic weighing machine. A DD entry no.18 was made before departure at 11.15 am. The raiding team went to spot via Pusta road and Shakarpur Chungi Flyover, and reached the spot at about 11.30 am. On the way SI Sunil Jain requested 5 passerby outside the Police Station and 5 at Ramesh Park Bus Stand to join the raiding party however, all of them left without disclosing their names and addresses. At the spot IO requested 4 persons to join raiding team, FIR No. 221/12, PS. Crime Branch Page 2 of 39 St. Vs. Mohd. Zakir but all of them left without disclosing their names and addresses. When they reached the spot, SI Sunil Jain directed the driver to park the vehicle at a distance of 50 meter from the spot and they all took their positions and started waiting. At about 11.40 am one person wearing black pant and white shirt was seen coming from Noida side walking on footpath and was identified by the secret informer from a distance of 15­20 meter as Zakir. Secret informer left the spot. The person waited at a distance of 3­4 meters from the IO for some time and started to move after 3­4 minutes. He was apprehended at 11.45 am. IO gave the introduction of raiding team. The person on enquiry told his name as Zakir S/o. Istekar Hussain R/o. Village Rampur Ghana, PS. Rajab Pur, District J.P.Nagar, U.P. SI Sunil Jain told the secret information to him and said that his cursory search was to be conducted and that he had legal right to get his search conducted in presence of a Gazetted Officer or Magistrate and he also had a right to search the vehicle before his search. A notice u/s 50 NDPS Act was given to the accused, who stated that he was not educated though literate and could sign only. His refusal was recorded on the notice by the IO and accused signed the same. SI Sunil Jain again requested 8­10 FIR No. 221/12, PS. Crime Branch Page 3 of 39 St. Vs. Mohd. Zakir public persons to become part of raiding team but they left without disclosing their names and addresses. IO conducted cursory search of accused and from the front right pocket of his wearing pant one black polythene was recovered, which on checking was found containing a transparent polythene having matiala colour powder. The substance was tested on field testing kit and weighed on electronic weighing machine. It was found to be 500 gms of Heroin. Thereafter, two samples of 5 gms each were drawn. Two pullandas Mark A and B were prepared. Remaining Heroin was given mark C. FSL form was filled and pullandas were sealed with seal of 3 APS NB DELHI, which seal was also affixed on the FSL form and seal thereafter was handed over to HC Rohtash. The pullandas were seized; rukka was prepared, proceedings u/s. 55 NDPS Act were also completed. The pullandas, rukka, FSL Form and copy of seizure memo were sent to PS through HC Yogesh. They were produced before Inspector Palvinder Singh Chahal, who conducted his own proceedings and recorded DD No. 29. Pullandas and documents were deposited with MHC(M). Further investigation was handed over to ASI Mahender Singh, who went at the spot; arrested the accused; prepared the site plan; conducted FIR No. 221/12, PS. Crime Branch Page 4 of 39 St. Vs. Mohd. Zakir personal search of accused and recorded his disclosure statement. Both the IOs prepared their reports u/s. 57 NDPS Act and submitted them with Inspector Narcotic Cell. Sample A was sent to FSL vide RC NO. 546/21 and as per FSL report the sample was found to be of 19.9 % of diacetylmorphine and 18.5.% of Caffeine.

PW­2 HC Yogesh deposed that on 04.09.12 he was FIR No. 221/12, PS. Crime Branch Page 12 of 39 St. Vs. Mohd. Zakir called by SI Sunil Jain at about 11.15 am, who prepared a raiding party consisting of him, HC Rohtash, HC Om Prakash, HC Mukesh and the IO himself. The fact has been corroborated by PW­6 & PW­7. Thereafter, PW­2 deposed that SI Sunil Jain collected IO bag, field testing kit & electronic weighing scale and the raiding team alongwith secret informer went to the spot in the Govt. vehicle no. DL 1 CM 4228 driven by Ct. Rajender DD No. 18 was recorded in this regard by SI Sunil Jain, which is Ex.PW6/B. He is corroborated by PW­6 and PW­7 on this aspect and all have said that the team with secret informer left at 11.15 am vide DD No. 18, Ex.PW6/B. The witnesses deposed that on the way to the spot, the IO PW­6 stopped after coming out of the PS Shakharpur and requested 5 persons to join the investigation, who all refused to oblige and left without disclosing their names and addresses. In between at Ramesh Park Bus Stand again he requested 5 persons but they did not agree to join the investigation. At the spot also IO had requested 5 public persons but none agreed to join the investigation. SI Sunil Jain corroborated by PW­2 & PW­7 deposed that the raiding team reached at the spot at 11.30 am, where the driver was asked by him to wait at a distance of 50 FIR No. 221/12, PS. Crime Branch Page 13 of 39 St. Vs. Mohd. Zakir meters. After some time, one person came at the spot, the secret informer pointed towards him identifying him as Zakir. The person waited for 3­4 minutes and thereafter started to leave and at that time, he was apprehended by the IO with the help of raiding team. The witnesses deposed that the IO disclosed his identity and identity of the raiding team members to the accused. The accused disclosed his name as Zakir S/o. Ishtekar Hussain, who was identified by all the three witnesses in the court. IO told him regarding the secret information received by him and that his search was to be conducted. He also said that he told the accused about his legal rights regarding search that his search was to be conducted and if he wanted his search could be conducted before a Gazetted Officer or a Magistrate. He also said that he had explained the meaning of Gazetted Officer and Magistrate to the accused and had also offered the search of raiding team member and the vehicle to the accused. PW­2 deposed that the accused was told his legal rights. Thereafter, IO prepared notice u/s. 50 NDPS Act, carbon copy of which was served upon accused Zakir. The notice is Ex.PW2/A. The accused refused to avail all the offers given by the IO and his refusal, which was recorded by the IO as FIR No. 221/12, PS. Crime Branch Page 14 of 39 St. Vs. Mohd. Zakir the accused was illiterate, has been proved as Ex.PW2/B. The IO has deposed that he had told to the accused the meaning of Gazetted Officer and Magistrate as he told that he was illiterate and after understanding the meaning and reading over the contents of notice to him, he told that he did not want to be searched in presence of Gazetted Officer or Magistrate. He deposed that he had noted down the reply and the same was read over to accused, which he signed at point X ( on Ex.PW2/B).