IDRISH Vs. THE STATE OF NCT OF DELHI

JUDGEMENT

(1.) Challenge in this appeal is to a judgment dated 25.02.2012 of learned Additional Sessions Judge / Special Judge (NDPS Act) in Sessions Case No. 01/2010 arising out of FIR No.214/2009 PS Crime Branch by which the appellant - Idrish was held guilty for committing offence under Section 20(b)(ii)(C) NDPS Act. By an order dated 25.02.2012, he was awarded RI for ten years with fine Rs. 1,00,000/-.

(2.) Briefly stated, the prosecution case as set up in the charge-sheet was that on 22.12.2009 at around 02.30 P.M. at Bus Stand Ras Vihar, the appellant was found in possession of 1500 grams of Charas. Mandatory provisions under the Act were complied with. Statements of the witnesses conversant with the facts were recorded. Two samples of 50 grams (marked A and B) were taken and sealed. First Information Report was lodged. After completion of investigation, a charge-sheet was submitted against the appellant; he was duly charged and brought to trial. The prosecution examined ten witnesses. In 313 statement, the appellant pleaded false implication and examined Ishar Ahmed in defence as DW-1. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the appellant has preferred the appeal.

(3.) During the course of hearing of the appeal, appellants counsel on instructions stated that the appellant has opted not to challenge the findings of the Trial Court on conviction. He, however, prayed to modify the default sentence as the appellant is unable to deposit the huge amount of Rs. 1,00,000/- due to his poor economic condition. To this, learned Addl. Public Prosecutor has no objection.