NAIN SINGH Vs. STATE

JUDGEMENT

(1.) The appellant, an inmate of Central Jail No.1, Tihar Jail, Delhi was convicted for an offence under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the 'Act') and sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs.1 lac by the learned Additional Sessions Judge, Delhi.

(2.) According to the prosecution case, on 27.8.1990, the appellant was fouind in possession of 450 milligrams of heroin in the Central Jail No.l, Tihar Jail, Delhi. The appellant was searched by the jail warden Kishan Lal (P.W.7)at"the behest of Shri B.B. Kaul, Assistant Superintendent Central Jail No.l. The seizure was effected in the presence of Shri B.B. Kaul and the jail warden Chand Ram (P.W.9)and nine small packets containing taining were recovered from the appellant's possession. The contraband was produced before Shri Darshan Lal Sharma (P.W.2), Deputy Superintendent Central Jail No.l. The police was called. Sub-Inspector 0m Parkash Singh (P.W. 10) accompanied by the police constable Dharam.. Singh (P.W.8) arrived at the central jail No.l. and seized the contraband vide seizure memo (Ex.P.W.2/B). The contraband was weighed in the presence of witnesses, and a sample was taken for chemical examination. The appellant was arrested and the seized articles were kept in safe custody of the police station. The contraband was found by the expert to be heroin vide report Ex.P.W.1O/B.

(3.) The appellant abjured his guilt and alleged that a false case has been foisted on him. Learned Additional Sessions Judge accepted the prosecution evidence and convicted the appellant.