(1.) THIS appeal is directed against the impugned judgment dated 26.2.2005 in Sessions case No. 72/2004 FIR No. 97/2002 P.S. Narcotics Branch and the consequent order on sentence dated 11th March 2005 whereby the Appellant Ved Prakash was convicted for the offence under Section 21(c) read with Section 29 of The Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act')and sentenced to undergo R.I. for the period of 10 years and also to pay a fine of Rs. 1,00,000/ -; in default of payment of fine to undergo S.I. for a further period of one year.
(2.) BRIEFLY stated, case of the prosecution against the Appellant Ved Parkash is that he, on 10th December 2002 at around 7.10 p.m., supplied a polythene packet containing 640 gms of heroin to his co -accused Kharak Singh, which heroin was recovered from the personal search of Kharak Singh after completing the formalities under the NDPS Act.
(3.) IN order to bring home the guilt of the Appellant, prosecution examined 10 witnesses, including the raid officials in whose presence the transaction took place and heroin was recovered from the possession of Kharak Singh.