SANJAY MANDAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 22.05.2012 and 29.05.2012 respectively the appellant stands convicted under Section 20 of the Narcotic Drugs and Psychotropic Substance Act (NDPS Act). He has been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.1 lac and in default of payment of fine to undergo SI for 3 months.

(2.) Nominal roll of the appellant reflects that as on date, he has undergone incarceration of approximately 4 years.

(3.) The version of the prosecution is that on 24.08.2011 while HC Dalip Kumar (PW-3) and SI Siddappa (PW-6) and constable Ramesh Chand (PW-4) had gone to apprehend the appellant with regard to another FIR i.e. FIR No.31/2011 registered under Section 25 of the Arms Act; the appellant was found carrying a polythene in his right hand; on his formal check and on checking the polythene, it was found to contain charas. Notice under Section 50 of the NDPS Act had been served upon him. The contraband which was recovered was weighe d and two samples of 500 gms each were drawn. It was sent to the CFSL which has tested this seized contraband positive for charas. The investigation was thereafter handed over to ASI Swadesh Kumar examined as PW-7. Compliance of Section 57 of the NDPS Act was effect by him.