SAGIR AHMED Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted and sentenced under Section 20 of the Narcotics Drugs and Psychoprotic Substances Act. He has preferred this appeal from jail and is not represented by a counsel.

(2.) I would have in the first flush appointed a counsel at State expense to represent him but since, after having gone through the record, I do feel that the appellant needs to be given benefit of doubt, the desire to save him from further agony has led me to straightaway pass this judgment.

(3.) The case of the prosecution is that on 8th of January, 1991 Sub Inspector Rajeshwar Kumar received secret information and on its basis formed a raiding party which led to the apprehension of the appellant and the alleged recovery of 1,800 kgs. of Charas out of which allegedly 100 grams of charas was taken out as sample. The sample so taken and the remaining charas were put into two separate parcels and were sealed not only with the seal of the Investigating Officer but also allegedly with the seal of the Station House Officer. Ultimately, as per the prosecution, those parcels along with the C.F.S.L. form were deposited by the Station House Officer with the Moharar Malkhana. Later the sample parcel was sent to the C.F.S.L. which found the contents to be charas. What further needs to be noticed is that allegedly a witness from the public was also joined in the raiding party.