VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant Vijay alias Hanuman was convicted by the Additional Sessions Judge, New Delhi under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. one lac in default of payment of which to undergo fur- ther R.I. for two years for being in illegal and unauthorised possession of 41 grams of charas.

(2.) Briefly stated, the prosecution case is that on 8.4.90 at about 8.30 p.m., while A.S.I. Hazari Lal (P.W.3), was on patrol duty along with Constable Kirpal Singh and Kanihya Lal, received a secret information to the effect that one person was selling charas near B-Block, Raghubir Nagar. Acting upon this information, a raiding party was organized. Since public persons refused to join the raiding party, A.S.I. Hazari Lal (P.W.3) accompanied by Constables Kanhiya Lal (P.W.5) and Kirpal Singh (P.W.2) proceeded to B-III Block Raghubir Nagar and apprehended the appellant. Immediately thereafter Constable Kirpal Singh (P.W.2) went to inform S.H.O. Rajinder Singh (P.W.6) over phone. On the information received at about 9.05 p.m. S.H.O. (P.W.6) arrived at the spot. On reaching the spot, S.H.O. Rajindra Singh made an offer to the appellant that if he desired his search could be carried out in presence of a Gazetted Officer or a Magistrate but the apellant declined the offer. Then on the direction of the S.H.O., A.S.I. Hazari Lal (P.W.3) took search of the appellant and recovered 41 grams of charas from his possession vide seizure memo Ex.P.W.4/A. Sample of the seized charas was taken. The sample as well as the remaining charas were converted into seperate packets and they were duly sealed. The case was registered against the appellant and the case property was deposited in the Malkhana. The sampled charas was sent to the Central Forensic Science Laboratory and on receipt of the report of Shri V.S. Bisaria, Senior Scientific Officer, C.F.S.L. showing that the sample was of charas, the appellant was charge sheeted under Section 20 of the Act.

(3.) The appellant abjured his guilt and alleged that a false case has been foisted on him. He has examined Shanti (D.W.I) and Rajesh (D.W.2) in support of his defence. Learned trial court accepted the prosecution case and convicted the appellant.