MOHD AFZAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 22nd September 2010 passed by the learned Special Judge, NDPS in SC No. 38 of 2008 convicting the Appellant for the offence under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS") and the order on sentence dated 23rd September 2010 sentencing him to rigorous imprisonment ("RI") for ten years with fine of Rs.1 lakh and in default to undergo simple imprisonment ("SI") for six months.

(2.) THE case of the prosecution is that on 23rd December 2006, SubInspector ("SI") A.K. Singh of Special Cell (PW -5) received a secret information that the Appellant, a Pakistani national who was in Delhi, would come to deliver heroin to his Punjabi contacts near PVR Plaza, Connaught Place at 9.30 pm. PW -5 then took the secret informer to Inspector Devender Singh (PW -4) who verified the information and produced him before the Assistant Commissioner of Police ("ACP") Rishipal who directed them to conduct raid. A Daily Diary ("DD") No. 17 was recorded in the roznamcha and a copy was sent to the ACP, Special Cell.

(3.) A raiding party comprising PW -5, PW -4, Sub -Inspector Satender Sangwan, Head Constable ("HC") Balraj, HC Baljender Singh and Constable Naresh (PW -7) proceeded to the spot in two private vehicles with the informer. They reached the PVR Plaza, Connaught Place and requested 4 -5 passersby to join the proceedings but none agreed.