GANESH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE present appeal is directed against the judgment dated 20th April, 2011 passed by the learned Additional Sessions Judge/Special Judge, NDPS whereby the Appellant was convicted for the offence punishable under Section 21 (b) Narcotics Drugs and Psychotropic Substances Act (in short 'NDPS Act'). Vide order on sentence dated 18th May, 2011 the Appellant was sentenced to undergo Rigorous Imprisonment for three years and to pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo Simple Imprisonment for nine months.

(2.) BRIEFLY the facts of the prosecution case are that on 18th December, 2008 at about 2.45 P.M. 400 grams of Heroin consisting 32.4 grams of diacetylmorphine was recovered from the possession of the Appellant in front of M/s Mysore Travels, Lal Quila, Delhi. The appellant was arrested by the police officials of the narcotics branch and the contraband was seized, samples were drawn and after the investigation, charge sheet was filed. After recording the statement of prosecution witnesses and the Appellant learned Special Judge convicted the Appellant for the offence punishable under Section 21(b) NDPS Act and sentenced him as mentioned above.

(3.) I have heard learned counsel for the parties and perused the record.