SANJAY KUMAR Vs. STATE

JUDGEMENT

(1.) This is an appeal, filed by Sanjay Kumar (hereinafter described as "the Appellant"), directed against the judgment and order of sentence passed by the learned Additional Sessions Judge, Shahdara dated 13.1.2000. The learned trial Court held the appellant guilty of the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (for short "the Act") and sentenced him to undergo rigorous imprisonment for 10 years and a fine of Rs.1.00 lakh. In default of payment of fine, the appellant was to undergo further rigorous imprisonment of six months.

(2.) The facts of the prosecution case, in brief, are that on 21.3.1997 Sub Inspector Vikramjit Singh was posted at Police Station Gokal Puri. On the say day, along with Head Constable Joginder and Constable Ganga Singh they were patrolling near Shiv Vihar Tiraha. At 8.20 p.m. he received a secret information that a boy is standing at Shiv Vihar Pulia and is in possession of charas. SI Vikramjit Singh requested 4-5 public persons to join the raiding party but they refused. Thereafter, along with the police constables, he reached Shiv Vihar Pulia at 8.25 p.m. and at the instance of the informer the appellant was apprehended. The appellant was having a bag in his hand. In the mean time, Officer Incharge of the police station Bharat Singh also reached there per chance. He was informed about the facts.

(3.) The appellant was told about the secret information and that if he likes, his person can be searched before a gazetted officer or a magistrate. A notice was served upon him. The appellant expressed his desire to be searched before a gazetted officer. The officer incharge of police station informed the Assistant Commissioner of Police, Seelam Pur. The Assistant Commissioner of Police reached the spot at 8.50 p.m. He was disclosed the entire facts. The Assistant Commissioner of Police disclosed his identity and directed SI Vikramajit Singh to conduct the search. The bag was found to contain three polythene bags containing charas. They were weighed and found to be 1385 grams.