PRITHVI PAL SINGH ALIAS MUNNA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 26.10.1995 passed by the Additional Sessions Judge, Delhi in Sessions Case No.42/94 convicting the appellant under Section 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 Rs. l,00.000.00 or in default to suffer further rigorous imprisonment for one year.

(2.) Briefly stated, the prosecution case is that on 15.7.1993 at about 7.05 P.M. a police party led by the ACP J.S. Rana (P.W.11), upon information received, apprehended the appellant near the Imperial Cinema, Pahar Ganj. The appellant was given the option (Ex. PW-4/8) of being searched before a Gazetted Officer or a Magistrate. He declined the offer. At that time, the appellant was holding a rexene bag, which was delivered to him by the co-accused Devki Nandan. On search, the said bag was found to contain 100 grams of heroin, which was seized vide seizure memo (Ex PW-4/C). The appellant was charged with an offence punishable under Section 21 of the Act and tried.

(3.) The appellant abjured his guilt and alleged that a false case has been foisted on him. 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.