BADSHAH Vs. STATE

JUDGEMENT

(1.) This appeal has been on board for a long time. No one is appearing for the appellant. Therefore, in the interest of justice, Mr. Manoj D. Taneja, Advocate, is appointed Amicus Curiae in this case.

(2.) This appeal is filed against the judgement of the learned Additional Sessions Judge dated 6.2.92 whereby the appellant was convicted and sentenced to 10 years rigorous imprisonment and imposed fine of Rs. 1 lakh under Section 21 of the NDPS Act. The brief facts which are necessary for disposal of this appeal are recapitulated as under.

(3.) As per the prosecution on 24.8.1989 Ved Parkash, ASI, Investigating Officer in this case, was on patrolling duty alongwith Rajinder Singh, Head Constable Virender Singh, Constable, 0m Pal Singh, Constable and Sher Singh, Constable at police booth within the bounds of Police Station, Partap Nagar, Delhi,. On being tipped off, that one person wearing grey coloured pant and a yellow coloured shirt would come from Andha Mughal Road forgoing to Subzi Mandi Railway Station at Gali No. 6, with smack, the I.0. organized a raiding party. The public witness Jagdish Narian was also joined in the raiding party. At about 2.30 p.m. accused Badshah was nabbed at corner of Gali No. 6 at the pointing of the informer. The accused was informed about the contents of the information. He was also informed that if he so desired 'he could be produced before ACP Subji Mandi for conducting his search. The accused refused the said proposal. In the meantime, inspector Cyan Chand, SHO also arrived at the spot. He directed the investigating Officer to search the accused. The search resulted in recovery of one polythene packet containing five grams of smack. Out of the recovered smack one gram was separated as a sample. The sample and the remaining smack were separately packed and sealed with the seal bearing the initials of VP belonging to the SHO. CFSL form was filled in and both the seals were affixed thereon. Both the seals after use were handed over to Public Witness Jagdish Narain. Both the packets were seized vide recovery memo Ex. Public Witness 3/A. Ruqqa Public Witness 1/a was sent for registration of the case through Constable OM Pal Singh. Raj Pal Singh, Head Constable Public Witness .I registered the instant case. CFSL result Ex. Public Witness 6/B revealed that the sample sent to CFSL had given positive test for heroin. In view of the above facts the accused was challaned and tried for an offence punishable under Section 21 of the NDPS Act.