SUNIL KUMAR Vs. STATE

JUDGEMENT

(1.) This is an appeal directed against the judgment and the order of sentence passed by the Additional Sessions Judge, Delhi, dated 28th February, 1991 and 2nd March, 1991 respectively. The appellant Sunil Kumar was held guilty of the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to. as the Act) and sentenced to ten years rigorous imprisonment and a fine of Rs.l,00,000.00 (Rupees one lakh only). In default of payment of fine, he was to undergo further simple imprisonment for one month.

(2.) The sum and substance of the prosecution case is that on 19th August, 1990, Assistant Sub Inspector 0m Parkash was patrolling accompanied by Constables 0m Parkash, Balvinder Singh and Sumer Singh. While patrolling, they reached near Hanuman Mandir. Secret information was received that one person is sitting near Suthrishah Mandir and is selling charas. A raiding party was organised. Partap Singh son of Ram Singh, a public witness was joined in the raiding party. Other public persons refused to join the said raiding party.

(3.) At about 9.00 P.M., Shri Chander Mohan, Officer Incharge of the Police Station arrived there and was apprised of the facts. The appellant was apprehended near Suthrishah Mandir at the pointing out by the informer. The accused/appellant was informed that he is suspected to be in possession of charas and that if he likes his person can be searched before a Gazetted Officer of a Magistrate. He spurned the offer.