VISHWA NATH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned A.D.3. under the NDPS Act wherein the appellant was sentenced to undergo Rigorous Imprisonment for a period of ten years and to pay a fine in the sum of Rs.1,00,000/- in default Rigorous Imprisonment for six months for possessing 4.470 kilograms of Charas on 02.04.1999 near Temple Chah Indra H.C. Sen Road and fountain in the area of Chandni Chhowk within the bounds of Police Station Kotwali, under Section 20 NDPS Act. Aggrieved by that order, the appellant has filed the instant appeal before this Court.

(2.) The argument urged by the learned counsel for the appellant has two prongs. He argued with vehemence that provisions of Section 42 (ii) of the original NDPS Act, 1985 were not complied with. Section 42(ii) runs as follows:

(3.) In order to embolden his case, the learned counsel for the appellant has drawn the attention of the Court towards an authority reported in Beckodan Abdul Rahiman Vs. State of Kerala, 2002 IV AD (S.C.) 91 = 2002 (3) SCALE 564, wherein it was held.