VIJAY PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant assails his conviction and sentence under Sections 8 and 15 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as "the NDPS Act") for 15 years along with fine of Rs.1,50,000/- under Section 31 of the NDPS Act.

(2.) The appellant is stated to have been carrying a plastic flour packet in his right hand leading to recovery of 10 kgs. of opium. No independent witness from the locality was included in the investigation and all the witnesses are police officials only.

(3.) Learned counsel for the appellant alleging false implication contends that he was apprehended as he stepped out of his house. There is no explanation for the non-availability of any independent witness in a residential locality. There is noncompliance with Section 50 of the NDPS Act. The prosecution failed to prove that the sample produced in court was the same as seized from the appellant.