RAJINDER KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence recorded under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, , 1985 (hereinafter referred to as "the Act") in FIR No. 43/87, Police Station Chandni Mahal, Delhi by the learned Additional Sessions Judge, Delhi in Sessions Case No. 38/87 sentencing the appellant to undergo R.I. for 10 years and fine of Rs. 1.00 lakh and in default to under go RI for a further period of two yea Rs.

(2.) The prosecution case, as revealed from the record, is that on the basis of the secret information received on 3.3.1987 that one person having raxine bag of cream colour proceeding towards Sita Ram Bazar via Asaf Ali Road is in possession of opium, whereupon watch was arranged behind Mother Dairy Booth; that at about 2.30 p.m., a person came from Asaf Ali Road side having cream colour raxine bag; that the informer identified and pointed out that person possessing the contraband was intersepted and was informed that he is to be searched and whether he would like to be searched in presence of the Gazetted Officer or the Magistrate; that the person declined and on search he was found to possess 3 packets of polythene paper, each containing 1Kg. of opium; that after completing the requirements of seizure and the recover of the Mudda Mal and on completion of the investigation, charge sheet was filed against the accused for the offence u/Sec. 18 of the Act. The learned Additional Sessions Judge, appreciating the prosecution evidence, oral as well as documentary and the defence, found the accused guilty and convict him for the offence charged and sentenced him, as aforestated. It is this order of conviction and sentence, which is assailed in this appeal by the appellant-accused.

(3.) One of the argument advanced on behalf of the appellant is that the mandatory requirements of SCC : 50 are not complied with inasmuch as there is ' partial offer made to the accused as regards option to be searched in presence of Gazetted Officer or Magistrate.