RADHEY SHAYAM ALIAS LANGRA Vs. STATE

JUDGEMENT

(1.) Heard learned amicus curiae as also learned counsel for the State. With their assistance, I have gone through the material on record.

(2.) By this appeal, the appellant seeks to challenge the Judgment and order dated 1.11.1994 of the learned Additional Sessions Judge, Delhi in Sessions Case No. 70/92 whereby the learned Additional Sessions Judge has held the appellant guilty for offence under Section 20 of the NDPS Act and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of rupees one lac and in default to undergo further rigorous imprisonment for four months.

(3.) The facts of the case, as stated by the prosecution, are that on 30.7.1992, ASI Raj Pal, who was on patrol duty, at around 7.15 p.m. received a secret information that one Sansi wearing Sleti Colour Safari Suit would be carrying charas. This information was reduced into writing and thereafter a raiding parly was organised. At around 7.45 p.m. the accused was apprehended at the pointing out of the informer and alter com- plying with the requirements of Section 50 of the NDPS Act search was taken and 1 Kg. of charas was recovered from the bag in his hand. 100 grams of chars was separated as sample, sealed and stamped as required. CFSL form prepared and both the seals were handed over to Public Witness Surinder Singh. Case property was seized and sealed thereafter rukka was sent to the police station for registration of the FIR; on the basis of which FIR No. 126/92 was registered. The recovered case property, sample pullandas and form CFSL were handed over to the SHO for depositing the same in the malkhana. The accused was formally arrested and his formal search was conducted vide memo Ex.Public Witness5/A. Site plan Ex. Public Witness7/C was prepared. SHO deposited the case property in the malkhana. Sample was sent to CFSL Chandigarh through Constable Manmohan Krishan vide RC 34/21, copy of which is Ex.Public Witness7/D. CFSL report EX.Public Witness7/E along with remnant of sample pullanda were received back.