KAILASH ALIAS KUDDU Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.10.1998 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 582/96 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 rupees one lac or in default to suffer further rigorous imprisonment for two. years.

(2.) Briefly stated, the prosecution case is that on 8.9.1996 at about 5.55 p.m., a police party led by Sub-Inspector Devinder Singh (Public Witness 8), upon information received, apprehended the appellant near Trilok Puri Church. The appellant was given the option (Ex. Public Witness 4/A) of being searched before a Gazetted Officer or a Magistrate. He declined the offer and produced eighty grams of smack which was seized vide seizure memo Ex. Public Witness I/A. The appellant was 'charged with an offence punishable under Section 21 of the Act and tried.

(3.) The appellant abjured his guilt. Learned Additional Sessions Judge, on an assessment of evidence of the prosecution witnesses, namely. Head Constable Qnkar Singh (Public Witness 2), ASI Jawahar Singh (Public Witness 3), Constable Revinder Kumar (Public Witness 4), Inspector Shish Ram (Public Witness 5), Constable Satpal Singh (Public Witness 6), Sub-Inspector Devinder Singh (Public Witness 8) and Constable Satish Kumar (Public Witness 9), accepted the prosecution case and convicted and sentenced the appellant as indicated above.