ADESEQREN JACKSON Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence recorded under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the Act") in FIR No. 42/88, P.S. Palam Airport, by the learned Addl. Sessions Judge, New Delhi in Sessions Case No. 78/89 sentencing the appellant-convict to undergo R.I. for 10 years and fine of Rs. 1.(X) lakh and in default to undergo R.1. for a further period of six months.

(2.) One of the argument advanced by Mr. Sanjiv Kumar, learned Counsel for the appellant is that the CFSL form has not been deposited with MalKhana Moharrar along with the case property and the CFSL form did not accompany the case property from Mal Khana Moharrar to CFSL and this would entitle the accused to the acquittal as no conviction could be sustained unless it is proved by the- prosecution that CFSL form was filled in at the place of occurrence, the same was deposited with Mal Khana Moharrar along with the case property and the same also accompanied the case property to CFSL.

(3.) It is submitted by Ms. Mukta Gupta, learned APP for the State, that there is evidence to suggest that CFSL form was prepared at the place of incident and that the same was deposited with MalKhana Moharrar; that according to CFSL report, the seals on the sample parcels were compared with the specimen seal which would mean that the CFSL form accompanied the case property to CFSL; that the evidence of Public Witness PW10 and 7 suggests CFSL form having been deposited with Mal Khana Moharrar.