MAHER MOHD RAFIQ Vs. STATE

JUDGEMENT

(1.) This appeal arises out of the judgment dated 5th May, 1994 delivered by the learned Additional Sessions judge in Sessions case No. 24/94. By this judgment the appellant has been convicted under Section 21 of the NDPS Act and has been sentenced to undergo rigrous imprisonment of 10 years and to pay a fine of Rs.1,00,000.00 and in default of payment of fine, the appellant has been further directed to undergo the rigrous imprisonment of one-year.

(2.) The case of the prosecution against the appellant is that on 29th September, 1993 the Sub- Inspector Dalip Singh of the Anti Auto Theft Squad received a secret information that a foreigner carrying heroine would come at G.T. Road in one white gypsy vehicle carrying heroine. The information was reduced into writing and was given to the A.C.P.(Head Quarter) and in the meantime raiding party was organised by joining police officials and thereafter the raiding party reached at the spot. One public person was joined in the raiding party by the prosecution. In the meanwhile the A.C.P.(HQ) also reached the spot. The road was blocked by putting drums on the road and white gypsy No. DL-3C B 5521 was seen coming from I.S.B.T. side and it was signaled to stop and at about 9.15 p.m. driver of the gypsy stopped the vehicle, and on search from right side socks of the accused, one packet containing 35 grams of Heroin was recovered. After completing necessary formalities, the accused was arrested and challaned.

(3.) The learned Metropolitan Magistrate committed the case for trial to the Court of Sessions. The charge was framed by the learned Additional Sessions Judge on 5th May, 1994 under Section 21 of the N.D.P.S. Act to which the accused pleaded not guilty and claimed trial. The prosecution examined nine witnesses in support of its case. On the basis of the testimony of the prosecution witnesses, the trial Court arrived at the conclusion that the appellant is guilty of the offence under Section 21 of the N.D.P.S. Act and consequently convicted and sentenced him.