TaxTMI 
TaxTMI 
TaxTMI 
2016 (4) TMI 396
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.... 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 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 s....
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....gh), who along with HC Sanjeev left the office in car at about 02.45 p.m. took over the custody of the appellants. He prepared site-plan (Ex.PW-3/A). The appellants were interrogated and their disclosure statements (Ex.PW-3/D & Ex.PW-3/G) were recorded. The truck bearing registration No. HR-55 G-6471 was seized vide seizure memo (Ex.PW-3/H). Report (Ex.PW-3/K) under Section 57 NDPS Act was forwarded by him to the senior officer. These witnesses were crossexamined at length. However, no material infirmities or discrepancies could be elicited in their cross-examination to disbelieve their version. No oblique motive was assigned to the police officials for falsely implicating the appellants in the crime. Evidence of police witnesses cannot be discarded merely on the ground that they belong to police force. 6. PW-4 (Daljeet Singh) admitted himself to be the registered owner of the truck (Ex.P-1) bearing No. HR-55 G-6471. He explained that the said truck was attached by him with J.S.Khera Transport and they used to manage it; it was their responsibility to engage driver, etc. PW-9 (Talwinder Singh), Transporter, running business under the name and style of J.S.Khera Roadlines at 61, Tr....
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....d above coupled with the admissions of the appellants in their 313 Cr.P.C. statements, it stands established that A-1 was employed as a driver in the truck in question whereas A-2 was a helper thereto on 03.06.2011. It further stands established that the appellants had taken the said truck loaded with grocery articles to Mujaffarpur (Bihar) and on return, PW-10 (Laxman Prasad) had loaded 668 petties of 'litchis' at Mujaffarpur (Bihar) in the said truck and bilties (Ex.PW-8/A & Ex.PW-8/B) were prepared. It has further come on record that at the time of loading of 'litchis' there was no contraband in the truck. It is further stands proved that in the raid conducted by the police officials at Delhi, three plastic kattas were recovered from the truck which contained 30 kg of Ganja each in the presence of both the appellants. 10. Regarding conscious possession of the contraband with the appellants, the Trial Court has dealt with this aspect minutely. A-1 was admittedly a driver on the truck. Physical possession of the truck was with him from the very inception; he had loaded 668 petties of litchis at Mujaffarpur (Bihar) and at that time, there was no contraband in the truck. However, w....
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....truck and who had done so. It was imperative for the prosecution to establish that A-2 had conscious possession of the contraband at the time of its recovery. The Investigating Agency did not collect any evidence as to when A-2 was employed as a helper in the truck; who had employed him and what were his duties. No evidence surfaced on record if A-1 and A-2 were hand in glove and had conspired to transport narcotics from Bihar to Delhi in the truck. It did not emerge if prior to the incident A-2 had accompanied A-1 to Bihar and had transported any such contraband and shared the booty. The secret information recorded by Daily Diary (DD) No.3 (Ex.PW-7/A) was only to the effect that A-1 (driver in the truck) was engaged in transportation of contraband from Bihar and he used to supply it in Delhi. A-2's name did not figure in the secret information. A-2's presence along with A-1 in the truck is of no consequence as admittedly, he was a helper therein. PW-4 (Daljeet Singh) or PW-9 (Talwinder Singh) did not assign any specific role to A-2. Being a helper, it cannot be inferred that he was in conscious possession of the contraband loaded on the truck for which A-1 has been found guilty. N....