BRIJESH YADAV Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By way of the present appeal filed under Sec. 374(2) of Cr.P.C. appellant seeks directions thereby setting aside the impugned judgment dated 24.03.2014, whereby he was held guilty for the offences punishable under Ss. 15/61/85 of NDPS Act.

(2.) Further seeks directions thereby setting aside the order on sentence dated 01.04.2014, whereby he was sentenced to undergo RI for four years with fine of Rs. 10,000/ - and in default of payment of fine, he was further sentenced to undergo SI for six months for the offence punishable under Sec. 15 of NDPS Act.

(3.) The aforesaid case was registered on the written complaint of Ct. Ravinder of PS -Kashmere Gate alleging therein that on 13.09.2012 at about 7.45 am when he was performing his duty at the out gate of ISBT, he saw the appellant coming from the side of foot -over Bridge having a Fauji Colour Bag on his left shoulder and on seeing the police constable he took u -turn and started taking fast steps. He was apprehended by the Constable named above on the basis of suspicion and was inquired and instructed to get his bag checked. However, the appellant started making excuses. But when Ct. Ravinder opened the above -noted bag, he found some powder like substance in his bag. Information in this regard was given in PP, ISBT. Accordingly, ASI Mahender Singh reached at the spot and recorded the statement of Ct. Ravinder and also verified the facts and circumstances from the appellant, but he could not give any satisfactory reply. The bag was checked and it was found containing the post powder and on being weighed on digital weighing machine, it was found to be of 16 Kg. One Kg of the sample was taken out from it and kept in a white polythene, mouth of which was closed with Stapler and was sent to FSL, Rohini for expert opinion.