BRIJ PAL Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 8th July, 2000 convicting the appellant finding him guilty under Sections 20/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act, 1985) and order on sentence dated 10th July, 2000 vide which the sentence was passed against the appellant to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000.00 for the offence punishable under Sec. 20 of the NDPS Act, in default of payment of fine, convict was ordered to undergo simple imprisonment for two years, the present appeal has been filed.

(2.) The facts in brief are that a secret information was received on the basis of which the police of Narcotic Branch, on 20th Jan., 1995 at about 10.15 a.m., apprehended the appellant along with another accused Dhani Ram at the Main Passenger Hall, Ajmeri Gate, New Delhi Railway Station. Notice under Sec. 50 of the NDPS Act, 1985 was served; search of the accused persons was effected in the presence of a public witness i.e. Mr.O.P. Tiwari, Assistant Commissioner of Police who was a Gazetted Officer. On search, 500 gram of contraband i.e. charas each was recovered from their possession. Out of 500 gram charas each recovered, 50 grams each was kept aside as sample while the remaining charas was kept in two separate parcels which was sealed with the seals of NPS and SSS. It appears from the record that the case property was seized vide seizure memo Exh.PW 6/C; CFSL form was filled in and sealed; rukka was prepared; FIR No.54/1995 was registered; case property was handed over to the SHO; accused was arrested; the sample was chemically analysed and after completion of the investigation, accused was sent for trial to the court. It further emerges from the record that on 12th Sept., 1995, charge under Sec. 20 of the NDPS Act was framed against the accused to which he pleaded not guilty and claimed trial.

(3.) The prosecution had examined as many as eleven prosecution witnesses namely PW 1 H.C. Ashok Kumar; PW 2 ACP O.P. Tiwari; PW 3 H.C. Mange Ram; PW 4 H.C. Suresh Kumar; PW 5 H.C. Ranbir; PW 6 HC Lal Chand; PW 7 SI Netrapal; PW 8 Mr.Bhaskar Tripathi; PW 9 Mr.S.K. Singhala and PW 10 Inspt.S.S. Sandhu and PW 11 SI Ram Phal. The statement of the accused Brij Pal was recorded under Sec. 313 of the Cr.P.C.