SHAMIM Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Additional Sessions Judge, wherein he sentenced the accused to undergo Rigorous Imprisonment for a period of ten years and to pay a fine in the sum of Rs.1,00,000/- failing which the appellant was to further undergo Simple Imprisonment for two years as the accused was nailed with Smack weighing 500 grams which he had kept in a bag, under Section 21 of NDPS Act.

(2.) Learned counsel for the appellant made the following five submissions in support of her case. Her main thrust was on the non compliance of provision under Section 42 of NDPS Act. She vehemently argued that provisions of Section 42 of NDPS Act were not complied with. In this context, she cited an authority reported in State of Punjab versus Baldev Singh, 1999 SCC (Criminal) 1080, wherein it was held :-

(3.) Learned counsel for the appellant argued that the version given by one Inspector is ajar with the facts narrated by another. He stressed that the Court should read between the lines and conclude that all the documents were prepared at the Police Station itself.