Ram Gopal v. State

NAVIN CHAWLA, J OCTOBER 16, 2018/Arya

Crl. A. No.676/2016 Page 1 $-R-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 29th September, 2018 Date of decision: 16th October, 2018 + CRL. A. 676/2016 RAM GOPAL ..... Appellant Through Ms. Saahila Lamba, Advocate (DHCLSC) versus STATE ..... Respondent Through Mr. Ravi Nayak, APP for the State with ASI Sanjay and Inspector Rajnikant, Narcotics Cell/Crime Branch CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA 1. The present appeal challenges the Judgment dated 24.05.2016 passed by the Special Judge (NDPS-02) Central District, Tis Hazari, Delhi in Sessions Case No.20/2012 convicting the Appellant under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act'). The appeal further challenges the order dated 26.05.2016 passed by the Special Judge sentencing the Appellant to undergo Rigorous Imprisonment for 12 years and to pay a fine of Rs.2 lacs, and in default, to undergo Simple Imprisonment for six months for the above offence. Crl. A. No.676/2016 Page 2 2. The case of the prosecution is that on 07.11.2011 one secret informer came to Inspector Satyawan (PW-10) and informed that one person, namely, Ram Gopal and his mother Smt Kamla collect heroin from Mandsor, MP and supply the same in the area of Delhi and Haryana. It was further stated by the secret informer that on that day they both would come near the main gate of the St. Stephens Hospital to deliver heroin to someone between 2:30 pm and 3:30 pm and they can be arrested if a raid is conducted. Inspector Satyawan produced the secret informer before Inspector Kuldeep in his office, who also inquired from the secret informer and after he was satisfied, he further informed ACP/N&CP, Sh. Veer Singh telephonically at his residence. The ACP then instructed to conduct the raid and proceed as per law. Inspector Satyawan reduced the secret information into writing vide DD No. 12 (Ex PW3/A) and produced the copy of the same before Inspector Kuldeep. As per the directions of Inspector Kuldeep, he constituted a raiding party comprising of himself, Ct. Kheta Ram, HC Jagdish and WHC Rani Reddy. Thereafter, Inspector Satyawan left Shakarpur Branch along with raiding party and secret informer in a Government Gypsy no.DL-lCM-4228 being driven by HC Rajender at 2PM, vide DD no. 13 (Ex PW10/A). On the way, 4-5 public persons/passersby were asked to join the investigation but they did not join the same after showing difficulties and left without telling their names and addresses. At 2:30PM, the police party reached at the spot, that is, main gate of St. Stephens Hospital and took their position. The nakabandi was held at 2:35 PM. They waited for Ram Gopal and his mother's arrival. At about 2:50 PM one Crl. A. No.676/2016 Page 3 person, wearing Fauji colour clothes came from the side of Khanna Market on foot. That person was carrying a green and yellow colour bag in his left hand. The secret informer had pointed out that person as Ram Gopal. Thereafter the secret informer had left the spot. Ram Gopal reached near the staircase of the foot over bridge, near the main gate of St. Stephens Hospital and he started waiting near the staircase. He waited there for 7-8 minutes and thereafter he started to go, however, immediately that person, that is, Ram Gopal, was overpowered by the police party. Inspector Satyawan introduced himself as well as the members of raiding party to that person. Signal was given to the driver to bring the vehicle and the driver brought the vehicle near the spot. Inspector Satyawan informed the accused that he has secret information regarding supply of heroin by accused in the area of Delhi and Haryana and that, on the said day, he has reached there to supply heroin to someone and that there was a chance of recovery of heroin from the possession of the accused and for that his search was required. Inspector Satyawan also informed the accused regarding his legal right that before his search is taken, some gazetted offi