SUDHIR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.11.2000 and Order on Sentence dated 29.11.2000, whereby both the appellants were convicted under Section 29 of the NDPS Act and were sentenced to undergo RI for 10 years each and to pay fine of Rs. 1 lakh each or to undergo RI for six months each in default. The appellant Sudhir was further convicted under Section 20 of the NDPS Act and was sentenced to undergo RI for 10 years and to pay fine of Rs. 1 lakh or to go undergo RI for six months in default. The sentences were directed to run concurrently.

(2.) The prosecution produced as many as 13 witnesses in support of its case. No witness was produced in defence.

(3.) PW-3 Head Constable Suresh Kumar stated that on 10th October, 1999 he, along with SI Ramesh Kansal, Constable Amar Pal and Constable Sunil Kumwar, was on duty at the bus stop of Taj Enclave for checking the passersby. At about 2.15 p.m., a bus, plying on Route No. 317, stopped there and the accused Sudhir alighted from the rear gate alongwith the accused Raj Kumar. The accused Raj Kumar was carrying a bag in his hand. When SI Ramesh Kansal asked him to hand over the bag to him for the purpose of checking it, he threw the bag towards the accused Sudhir, suggesting that they should run way from there. The accused Sudhir caught hold of the bag and started running away. The accused was chased by them and was apprehended alongwith the bag. Raj Kumar had already been apprehended by SI Ramesh Kansal. On checking the bag, it was found to contain charas in 4 rectangular shape slabs, in a shirt. On weighing, charas was found to be 1.850 kgs. 100 grams of charas was taken as sample from all the four slabs, which were found in the bag. The sample as well as the balance quantity of charas was duly sealed with the seal of RK and VS. Form CFSL was filled on the spot and the entire case property was seized.