BALDEV SINGH Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) The appellant has preferred the instant appeal under Section 374 CrPC against the judgment dated 4th January, 2013 and order on sentence dated 9th January, 2013 and order on sentence dated 9th January, 2013 whereby he has been convicted for committing the offence punishable under Section 21(c) NDPS Act and sentenced to undergo RI for 15 year with fine of Rs. 1,50,000/- and in default of payment of fine, to undergo SI for a period of 6 months with benefit of Section 428 Cr.P.C.

(2.) Briefly stating the case of prosecution is that on 2.6.2009 at about 7.20 pm the appellant was found in possession of commercial quantity of 'Heroin' which was being carried by him in Scorpio No.DL-4C-NB-1092. The appellant was arrested from near Metro Pillar No.763, Uttam Nagar while he was proceeding towards Mohan Garden side. After completion of investigation, the appellant was chargesheeted for committing the offence punishable under Section 21 of NDPS Act.

(3.) On the basis of material produced by the prosecution, the appellant was charged for committing the offence punishable under Section 21(c) of NDPS Act. The prosecution produced 16 witnesses in all to prove its case. After trial, relying on the testimony of prosecution witnesses, the learned Trial Court convicted the appellant for the offence punishable under Section 21(c) of NDPS Act and sentenced him in the manner stated above.