KHEKH RAM Vs. NARCOTICS CENTRAL BUREAU & ANR

JUDGEMENT

(1.) The appellants being aggrieved by the judgment and conviction passed by the learned Special Judge, Kullu, whereby they have been convicted and sentenced to undergo rigorous imprisonment for the terms of 15 years each alongwith fine of Rs.1,50,000/- each, in default to undergo further simple imprisonment for the period of 18 months each for the commission of offence punishable under Sections 20 & 29 of the Narcotic Drugs & Psychotropic Substances (for short the 'NDPS Act') have filed the instant appeal.

(2.) The parties do not dispute that the case as set-out by the Narcotics Control Bureau (for short the 'NCB') has correctly been enumerated by the learned Special Judge, therefore, the same is extracted as such from the judgment.

(3.) The facts of the case as set-out by the NCB are that on 20.10.2014, a NCB team, consisting of A.C. Malla (PW9), Virender Singh, R.L. Negi, (PW10) Vinay Singh, all Intelligence Officers of NCB, Sub Zone Unit, Mandi, alongwith Sepoy, Surjit and Maheshwar as well as driver, Vijay Kumar were on surveillance duty in Kullu area. At about 6.30 p.m., a secret information was received by PW9, Shri A.C. Malla, who was posted as the Intelligence Officer in NCB Office Mandi, to the effect that on that day at about 8.30 p.m., accused Nilmani was likely to appear near a span owned by one Davinder Nath (PW5), installed at about one kilometer ahead of village Shat, towards Manikaran side. The said information was also to the effect that accused would signal three times with torch light towards other side of span and then, the persons from other side would sent contraband through span in trolley which will be received by accused Nilmani. PW9 Sh. A.C. Malla (I.O.) supplied the aforesaid information to Shri Nirbhay Singh (PW7), Superintendent (NCB), Zonal office, Chandigarh, on mobile phone, who directed him (A.C. Malla) on mobile to organize a surveillance operation and constitute a team consisting of above named officers and officials of NCB, for intercepting the accused, by placing 'NAKKA' in the said area. Thereafter, PW9 Shri A.C. Malla reduced the said information into writing, which is Ex.PW7/A, and it was supplied by him, on 22.10.2014, to Nirbhay Singh, Superintendent, NCB Zone Officer, Chandigarh, who made his endorsement on it.