RAMDHARI SHAH Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment and order of sentence passed by the Sessions Judge dated 24.01.2012 wherein the appellant stood convicted under Section 20(C) of the Narcotics Drugs and Psychotropic Substances Act (NDPS Act). He had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.1,00,000/- in default to undergo RI for a period of five months.

(2.) The version of the prosecution is that on 10.02.2009 SI Rajinder Dabas (PW-3) posted at Old Delhi Railway station being on patrolling duty at the DFND Gate Platform No.1A, ODRS along with Head Constable Bijender Singh (PW-1), Constable Bharat (PW-4) and Constable (RPF) Parviner Kumar (PW-7) were present and were checking passengers. At about 1.00 p.m. four persons came from the platform near the gate. Out of these four persons one of them (appellant) had two shoulder bags while the others had one shoulder bag each. On seeing the police party the aforenoted persons started stepping back from there. The police party got suspicious and apprehended them.

(3.) PW-3 caught the appellant who was having two bags. His name was revealed as Ramdhari. PW-1 caught co-accused Lakhi Chand. PW-4 caught co-accused Badri Sahni and PW-7 caught the 4th accused Ganesh Shah. They were all questioned about the contents of their bags but they did not give satisfactory reply. Their bags were checked physically and on checking the same ganja (contraband) was recovered in all of them in a polythene wrapped in newspapers.