MOHD. JAVED Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and the order of conviction dated 5-12-1995 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 33/95 convicting the appellant under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentencing him to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1,50,000.00 or in default to suffer further rigorous imprisonment for 2 years.

(2.) Briefly stated the prosecution case is that on 20-1-1995 at about 3 p.m. while the SI Balbir Singh (P.W.7) was on patrol duty he received a secret information that two persons having poppy straw powder would be coming to Delhi via Old Yamuna Bridge. On this information a raiding party was organised and a 'nakabandi' was conducted near the Flood Control Tower. At about 3.30 a.m. the appellant and his associate Kala son of Karam Chand Bhagat were spotted near the said tower. The appellant was apprehended on the spot. He was given the option of being searched before a Gazetted Officer or a Magistrate but he declined the offer. Thereafter the gunny bag, which the appellant was carrying, was searched and it was found to contain 5 plastic packets of poppy straw powder. Five samples of 10 gms. each were drawn up and the samples and the seized contraband were converted into separate parcels and the same were sealed on the spot. The appellant was charged with an offence punishable under Sec. 18 of the Act and tried.

(3.) The appellant abjured his guilt. The learned Additional Sessions Judge on an assessment of the evidence adduced by the prosecution accepted the prosecution case and convicted and sentenced the appellant as indicated above.