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Evidence
6. Before proceeding further, it is necessary to analyse the relevant testimonies.
7. SI Rajni Kant was examined as PW12. He testified that on 19.11.2013, at about 6:30 pm, a secret informer came to meet him in his office and informed him that one Nigerian namely Samuel Okeke would come between 7:45 pm and 8:15 pm, beneath the flyover of ISBT, Wazirabad Ring Road to supply Methamphetamine and Cocaine to some other Nigerian for sending the same to Malaysia. He deposed that he produced the secret informer before Inspector Akash Rawat at 6:45 pm. After satisfying himself regarding the information, Inspector Rawat informed ACP Zile Singh about the secret information. ACP directed Inspector Rawat to take the necessary steps. He in turn directed PW 12 to do so. PW12 deposed that he lodged DD No. 17 with respect to the secret information at 6:55 pm (Ex.PW 2/C). Copy of the same was given to Inspector Rawat for onward transmission to ACP. Thereafter, he called HC Bharat, HC Sunil Dutt and Ct Sunny Kumar and informed them regarding the facts of the secret information. He constituted a raiding party and made departure entry No. 18 (Ex. PW12/A). He stated that all the police officials along with the secret informer left their office at around 7:05 pm in a private vehicle - a blue coloured Wagon R bearing the registration no. DL-8CP-3419. He deposed that he had also collected the IO Kit bag, field testing kit and an electronic weighing machine. He stated that they reached the spot near ISBT flyover at about 7:35 pm via Pushta Road, Shanti Van, Jamuna Bazar, ISBT.
33. It is further contended that the claim of the Investigating officer and the recovery witness that they had left the police station along with the field testing kit and the electronic weighing machine is also unsubstantiated. The appellant contends that the malkhana register recording the withdrawal of such articles prior to the departure of the raiding team was not produced. Further, the field testing kit or electronic weighing machine was also not produced in Court to prove that any such test was conducted on the spot.
37. The appellant was arrested by the raiding party, which was headed by SI Rajni Kant (PW12). PW12 had deposed that he had received secret information on 19.11.2013 and he had recorded the same at about 06:55 pm vide DD No. 17 (Ex.PW2/C). The same was presented before Inspector Aakash Rawat for onward transmission to the ACP in compliance with the NDPS Act. PW12 had produced the secret informer before Inspector Aakash Rawat at about 06:45 pm. Inspector Aakash Rawat (who deposed as PW7) also confirmed in his testimony that SI Rajni Kant had produced the secret informer before him and he had made the necessary inquiries from him. He further testified that after being satisfied regarding the information, he had informed the same to ACP Sh. Zile Singh and he had instructed him to take steps for conducting a raid. Inspector Aakash Rawat, PW7, further testified that he had directed SI Rajni Kant (PW12) to constitute a raiding team and proceed with the same. PW12 had also testified that he had recorded the secret information at about 06:55 pm vide DD No. 17 (Ex.PW2/C). He had further testified that thereafter, he called HC Bharat, HC Sunil Dutt and Ct. Shani Kumar and informed them regarding the secret information. The said persons were included in the raiding party constituted to act on the secret information. The said raiding team departed from their station at about 7.05 PM and their departure was recorded vide DD Entry No. 18 (Ex.PW12/A). He testified that the police officials (raiding team) along with the secret informer had left the station at 07:05 pm in a private vehicle (bearing No. DL 8CP 3419). He had also collected the IO kit, field testing kit and electronic weighing machine. He testified that the team had reached near ISBT Flyover at about 07:35 pm travelling via Pushta Road, Shanti Van and Jamuna Bazaar. After reaching the spot, they had parked their vehicle below the flyover and the raiding team had taken their positions. He testified that at about 07:45 pm, one Nigerian was found walking from the direction of the ISBT. The secret informer pointed towards the accused indicating him to be the person who would be carrying illicit drugs. The accused stood beneath the flyover for about five to seven minutes and thereafter, started walking away. PW12 testified that they apprehended him at that stage, at about 07:55 pm.