NARCOTICS CONTROL BUREAU Vs. RAMESH KUMAR

JUDGEMENT

(1.) This is an appeal filed by the Narcotics Control Bureau ("NCB?, for short) against the judgment dated 16.8.1997 in sessions case No.22/1995, acquitting the respondent, Ramesh Kumar from the charges made against him under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter shortly referred as "NDPS Act?).

(2.) The case of the prosecution is that the NCB received secret information on the basis of which surveillance was mounted on room No.116, Hotel Janpath, New Delhi. A search party knocked at the door of the room and the door was opened by accused Ramesh Kumar. Two public witnesses were called as panch witnesses to witness the search.

(3.) The CRCL reported positive for the banned drug. Thereafter charges were framed against Ramesh Kumar on 21.9.1995 by the trial court for having found to be in illegal and unlawful possession of 500 gms of heroin in contravention of section 8 of the NDPS Act and thereby prima facie guilty of the offence under section 21 of the Act.