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1. Accused has been forwarded by the police to face trial u/s 21 of NDPS Act for being in possession of 500 gms. heroin illegally.

2. Facts are that secret informer gave tip off to SI Sunil Kumar in SIT office on 11­01­12 that two sisters namely Kusum State Vs. Kusum FIR No. 11/12 PS Crime Branch page 1 of 53 and Mala @ Mamta were engaged in the supply of heroin and on that day, they would come at 100 foota road near Rajkiya Uchattar (Girls & Boys), School, Sector­20, Rohini between 7.30­ 8.30 PM to deliver huge consignment. Informer was produced before inspt. Rajesh Sharma, who, after satisfaction, passed information to Addl. DCP Joy Tirkey nodded for further action. Information was reduced into writing in the form of DD No.24 and a raiding team comprising of SI Sunil Kumar, informer, HC Kanwar Pal, Ct. Neeraj and W. Ct. Rajbala was formed who left for the spot at 6.45 PM with field testing kit, electronic weighing machine and IO kit in ETIOS car. At Rithala metro station and spot, 5­5 passersby were asked to join the raiding team but they refused. The raiding team members were positioned at the spot. A lady came from the side of Mangolpuri bus terminal at 8.25 PM and stood about 10 meters away from the gate of the school. She waited for somebody for five minutes and started retreating towards Sultanpuri bus terminal. She was apprehended at 8.30 PM. Notice u/s 50 NDPS Act was served and interpreted to her. She was also given option to search the vehicle of the police party. Both options were declined and thereafter SI Sunil Kumar instructed W.Ct. Rajbala to search the accused. W.Ct. Rajbala took her inside the ETIOS car and brought out a polythene and produced before SI saying that accused was having that polythene in her left armpit. On checking on field testing kit and State Vs. Kusum FIR No. 11/12 PS Crime Branch page 2 of 53 weighing machine it was found containing 500 gms heroin. Two samples of 5 gms. each were separated and mark A & B were given. Remnant heroin was put in the same recovered polythene and mark C was given. FSL form was filled up. All three parcels and FSL form were sealed with the seal of SK and seal after use was handed over to W.Ct. Rajbala. Duty officer was asked on phone to send the second IO and he replied that ASI Harcharan Singh was reaching the spot shortly. Rukka, case property and carbon copy of seizure memo were taken to PS by HC Kanwar Pal.

6. PW2, PW3 and PW11 are recovery witnesses. The raiding team was headed by SI Sunil.

PW2 SI Sunil Kumar deposed that on 11­01­2012 at 6.15 PM, secret informer gave him the tip off in the office that two sisters namely Kusum and Mamta @ Mala were engaged in the supply of heroin in huge quantity and on that day, they would come at 100 foota road near the gate of Govt. Sr. Secondary School(Girls & Boys), Sector­20, Rohini between 7.30­8.30 PM to supply heroin. He produced the informer before inspt. Rajesh Sharma, who, after satisfaction, passed that information to Addl. DCP Joy Tirkey on phone and Addl. DCP State Vs. Kusum FIR No. 11/12 PS Crime Branch page 8 of 53 directed them to conduct raid immediately. Before it he had written secret information at 6.30 PM in writing in the form of DD No.24 Ex.PW1/A, copy of which was produced before inspt. Rajesh Sharma who forwarded the same to senior officers. A raiding team of himself, HC Kanwar Pal, Ct. Neeraj and lady Ct. Rajbala was formed which left for the spot at 6.45 PM with field testing kit, electronic weighing machine and IO bag vide DD No.25 Ex.PW2/A in ETIOS car. They reached the spot at 7.15 PM via Rithala Metro Station. In the way, under Rithala Metro station, he asked five passersby to join the investigation but they refused. He further deposed that ETIOS car was parked 100 meters away from the gate of the school towards sector­21,22, Rohini. He, lady Ct. Rajbala and informer took positions at the gate of the school and HC Kanwar Pal and Ct. Neeraj were positioned opposite to them. A lady wearing shawl was seen coming from the side of Sultanpuri bus terminal at 8.25 PM. She stood for five minutes about 10 meters away from the school. After waiting for somebody, she started going back but, at the instance of informer, she was overpowered and on inquiry she disclosed her identity as Kusum. She was told about the secret information and that she had a legal right to be searched in the presence of gazetted officer or Magistrate and in this regard carbon copy Ex.P4 of notice u/s 50 NDPS Act was supplied to her and original copy Ex.PW2/B was retained by State Vs. Kusum FIR No. 11/12 PS Crime Branch page 9 of 53 him. She was illiterate and hence her refusal reply at point X to X on notice page itself was written by him. He further deposed that he again asked five passersby to join the proceedings but none agreed. Thereafter ETIOS car was brought by Ct.Neeraj to the spot. He instructed lady Ct. to search the accused inside the vehicle. W.Ct. Rajbala took her in ETIOS car and came out with a cream colour bag containing white heavy polythene tied with rubber band and handed over bag to him. He opened the polythene and it was found containing brown colour powder which gave positive result for heroin and it was found 500 gms. He further deposed that two samples of 500 gms. each were separated and were packed in separate small interlocking polythenes and mark A & B were given to them. Remaining 490 gms. heroin was put in the same polythene and cloth pullanda was prepared on which mark C was given. FSL form was filled up at the spot and three pullandas and FSL form were sealed with the seal of SK and seal after use was handed over to lady Ct. Rajbala. Pullandas and FSL form were seized vide seizure memo Ex.PW2/C. First IO further deposed that HC Kanwar Pal wrote rukka Ex.PW2/D on his dictation. Rukka, carbon copy of seizure memo, all pullandas and FSL form were given to HC Kanwar Pal with a direction to give rukka to DO and remaining articles to SHO. He left at 11.30 PM. Duty officer was already informed on phone to send second IO for further investigation.