SANJAY JAISWAL Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed against the judgment dated 7.10.2004 passed by the learned ASJ in case arising out of FIR No.42/2002 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act'), wherein the appellant was held guilty for committing an offence under Section 21(c) of the Act for being found in possession of commercial quantity of heroin. Under the order on sentence dated 11.10.2004, the appellant was sentenced to undergo rigorous imprisonment for a period of ten years with fine of Rs.1.00 lac, in default of payment of fine, simple imprisonment for a period of one year.

(2.) Before considering the submissions made by learned counsel for the appellant and the learned APP, it is deemed appropriate to briefly recapitulate the facts of the case. The incident in question, subject matter of the present FIR, had occurred on 14.6.2002 when, as per the prosecution case, at about 10.15 A.M., a secret informer had informed the police that the appellant herein (a resident of Lucknow), was bringing heroin from Barabanki and supplying the same in Delhi. On the basis of the said secret information, a raiding party was constituted and the appellant was apprehended at 11.00 A.M. at Baba Kharak Singh Marg and he was served with a notice under Section 50 of the Act. On his search, a green rexine bag, which was found on his right shoulder, was opened, wherein apart from his apparel, two transparent polythene bags were found. On conducting a test with a field testing kit, it was discovered that the brown coloured powder in the two transparent polythene bags was heroin. Upon weighing the contents of the aforesaid bags, the weight was found to be 2.5 kgs. After completing all formalities, the appellant was arrested and the samples were collected and sent to the FSL for chemical examination.

(3.) After the charge-sheet came to be filed, vide order dated 25.10.2002, charges were framed against the appellant under Section 21(c) of the Act, to which he had pleaded not guilty and claimed trial.