Mukesh Singh vs State (Narcotic Branch Of Delhi) on 8 April, 2016

2. Briefly stated, the prosecution case as reflected in the charge-

sheet was that on 03.06.2011 at about 05.30 a.m. on a road near In-gate of

Azadpur Mandi, Delhi, the appellants were found in possession of 90 kg

of Ganja concealed in the cabin of truck bearing No. HR-55 G-6471.

3. On 03.06.2011 at around 03.50 a.m. a secret information was

received by SI Bhagwan Singh at Narcotics Cell PS Crime Branch to the

effect that A-1, a truck driver by profession, involved in supply of Ganja

would come from Bihar to Delhi to supply Ganja in between 05.00 a.m. to

06.00 a.m. at the In-gate of Azadpur Mandi, Delhi. SI Bhagwan Singh

informed Inspector Vivek Pathak about the secret information and

produced the secret informer before him. Secret information was
Crl.A.1598/2013 & connected appeal. Page 2 of 12
recorded vide Daily Diary (DD) No.3 (Ex.PW-7/A) at 04.10 a.m. A

raiding party was constituted and vide Daily Diary (DD) No.4 (Ex.PW-

13/A) the raiding party reached Azadpur Mandi at about 05.25 p.m. The

secret informer identified A-1 to be driver of the truck when he was

standing outside it. Subsequently, A-2 also came to A-1 and both started

talking. Thereafter, they boarded the cabin of the truck No. HR-55 G-

6471 and were apprehended. SI Bhagwan Singh introduced himself and

the raiding party to both the appellants and apprised them about the secret

information. Notices under Section 50 NDPS Act (Ex.PW-5/A & Ex.PW-

5/B) were served. On search of the cabin of the truck, three plastic

‘kattas’ kept on the backside of the seat in the cabin were recovered. The

total quantity on weighing came to 90 kg of Ganja. Necessary

proceedings were conducted during investigation. Statements of the

witnesses conversant with the facts were recorded. Upon completion of

investigation, a charge-sheet was filed against both the appellants in the

Court. The prosecution examined fifteen witnesses to substantiate its

case. In 313 Cr.P.C. statements, the appellants denied their involvement

in the crime and pleaded false implication. The trial resulted in their

conviction as aforesaid. Being aggrieved and dissatisfied, the instant

appeals have been preferred.

Source: Indian Kanoon

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