KAILASH ALIAS KUDDU Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.10.1998 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 582/96 convicting the appellant under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lac or in default to suffer further rigours imprisonment for two years.

(2.) Briefly stated, the prosecution case is that on 8.9.1996 at about 5.55 p.m. a police party led by Sub-Inspector Devinder Singh (PW-8), upon information received apprehended the appellant near Trilok Puri Church. The appellant was given the option (Ex. PW-4/A) of being searched before a Gazetted Officer or a Magistrate. He declined the offer and produced eighty grams of smack which was seized vide seizure memo Ex. PW-1/A. The appellant was charged with an offence punishable under Sec. 21 of the Act and tried.

(3.) The appellant abjured his guilt. Learned Additional Sessions Judge, on an assessment of evidence of the prosecution witnesses, namely, Head Constable Onkar Singh (PW-2), ASI Jawahar Singh (PW-3), Constable Ravinder Kumar (PW-4), Inspector Shish Ram (PW-5), Constable Satpal Singh (PW-6), SI Devinder Kumar (PW-8) and Constable Satish Kumar (PW-9) accepted the prosecution case and convicted and sentenced the appellant as indicated above.