CHAND KHAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 30.01.1997 passed by the Additional Sessions Judge, New Delhi in Sessions case No. 14/96 convicting the petitioner 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 fine of rupees one lac or in default to suffer further simple imprisonment for two months.

(2.) Briefly stated the prosecution case is that on 3.11.1996 a police party led by Inspectors.P. Kaushik (P.W. 5), upon secret information received, apprehended the appellants Hanuman Lane, Baba Khadak Singh Marg, New Delhi. The appellant was given the option of being searched before a Gazetted Officer or a Magistrate but he declined the offer. At that time the appellant was holding a polythene bag in his right hand. On search, the said bag was found to contain 855 gms. of heroin which was seized vide seizure memo (Ex. Public Witness -4/8). The appellant was charged with an offence punishable undersection 21 of the Act and tried.

(3.) The learned 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.