RAFFIQUE Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and the order dated 20.4.99 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 118/95 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 10 years and to pay fine of Rs. 1 lakhs or in default to suffer further rigorous imprisonment for one year.

(2.) Briefly stated, the prosecution case is that on 1st April, 1995 at 9.45 A.M. a police party led by Sub Inspector Satpal (P.W. 6), upon information received, apprehended the appellant in the Gali Masjid Wali, Mohalla Shahganj Delhi. The appellant was given the option (Ex. Public Witness . 3/8) of being searched before a Gazetted Officer or a Magistrate. He declined the offer. Thereupon SHO P.L. Puri (P.W. 2), directed the Constable Jamil Ahmad (P.W. 4) to search the appellant. Pursuant to the said direction, Constable Jamil Ahmad (P.W. 4) searched the appellant and recovered one packet containing 5 gms. of heroin from right side pocket of his Kurta. The contraband was seized vide recovery memo (Ex. Public Witness . 2/A). 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. He has examined Mohd. Nafeez (D.W. 1 ) and Mohd. Shabir (P.W. 2) in support of his defence. Learned Additional Sessions Judge, on an assessment of the evidence on record, accepted the prosecution case and convicted and sentenced the appellant as indicated above.