SADDAM ALAM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 18.02.2012 and 29.02.2012 respectively wherein the appellant stands convicted under Sec. 21(C) of the Narcotic and Psychotropic Substances Act, 1985 (hereinafter referred to as the 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 of payment of fine to undergo RI for 4 months.

(2.) The nominal roll of the appellant reflects that as on date he has undergone incarceration of about 4 years and 10 months; remissions being inapplicable to a convict under the NDPS Act.

(3.) The version of the prosecution is that pursuant to a secret information received by SI Bhagwan Singh (PW -9) that the accused would come near Masjid at Lahori Gate between 2.00 p.m. to 2.30 p.m. on 24.11.2011 a raiding party was constituted. The members of the raiding party included SI Baghwan Singh (PW -9), H.C. Kanwal Singh (PW -2), H.C. Mahesh Kumar (PW -3) and SI Rajbir Singh (PW -5). The accused was seen coming from the side of railway track; he had an orange coloured polythene bag on his right hand on the pointing out by the secret informer the appellant was apprehended. Before taking his search a notice (Ex.PW -2/A) under Sec. 50 of the NDPS Act was served upon the appellant. From the search of the appellant and on checking the polythene, one polythene tied with rubber band containing mud colour powder was recovered. When the powder was tested on the test kit and same was tested positive for heroin. The total weight of the powder was 750 grams. Two samples of 5 gram each of the contraband were drawn and marked as A and B. The balance heroin and samples were seized and sealed. The case property was deposited in the Malkhana. It was sent for analysis to FSL. It was tested positive for heroin.