AYUB Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 3.12.2012 and 12.12.2012 respectively wherein appellant Mohd. Ayub stands convicted under Sec. 20(C) of the Narcotics Drugs and Psychotropic Substance Act (hereinafter referred to as the 'NDPS' Act) for having been found in illegal and unlawful possession of 2.425 kgms of Charas. He had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac and in default of payment of fine to undergo RI for 1 year. Nominal roll of the appellant has been requisitioned. This reflects that as on date, he has undergone incarceration of 5 years. His jail conduct is satisfactory.

(2.) The version of the prosecution is that on 27.12.2010 at 5.45 p.m., ASI Khurshid Ali (PW -9), constable Tajender Singh (PW -4) and constable Anil (PW -2) while present at Mata Sundri Road in connection with patrolling duty saw two persons coming from the side of Gurudwara. On seeing the police party, they started retreating which created suspicion in the mind of the police party. The appellant and his accomplice Radhey Shyam were both carrying bags. PW -9 apprised the accused persons of their legal right that they could have their search conducted either before the Gazetted Officer or Magistrate but both of them refused this option. Written notice under Sec. 50 of the NDPS Act was served upon them.

(3.) On checking the bag of the present appellant, there were 7 black coloured bars which were found to have contained in polythene. On weighment, it was found to be of 2.425 kgms. Two samples of 50 gms each were drawn from this quantity. The samples were sent to the CFSL for examination. They tested positive for charas. Remaining contraband was sealed at the spot. On completion of investigation, challan was filed. Charge was framed. Prosecution evidence was led and the accused/appellant was held guilty as aforenoted.