NIMAI SARKAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 17.11.1997passed by the Additional Sessions Judge, Delhi in Sessions Case No. 21/97convicting the appellant under Section 20 of the Narcotic Psychotropic SubstancesAct (for short the Act') and sentencing him to undergo rigorous imprisonment for fiveyears and to pay a fine of Rs. 50,000.00 or in default to suffer further rigorousimprisonment for one year.

(2.) Briefly stated the prosecution case is that on 31.121995, at about 10.15 p.m.the appellant, on suspicion was apprehended by the police at the railway platform ofOld Delhi Railway Station. The appellant informed the police about presence ofGanja in the suitcase and the bedding which he was carrying. The appellant wasgiven the option for being searched before a Gazetted Officer or a Magistrate. Hedeclined the offer. Thereafter Sub Inspector S.S. Rana (P.W. 9) took search of theappellant's bedding and the suitcase and recovered 50 kgs. of Ganja vide seizurememo (Ex. Public Witness 2/8). The appellant was charged with for the offence punishableunder Section 20 of the Act and tried.

(3.) The appellant abjured his guilt and alleged that a false case has been foisted onhim. On an analysis of the evidence on record, the learned Additional SessionsJudge accepted the prosecution case and convicted and sentence the appellantindicated above.