EKRAM ANSARI Vs. STATE

JUDGEMENT

(1.) The appellant-Ekram Ansari impugns a judgment dated 12.08.2013 of learned Addl. Sessions Judge in Sessions Case No. 25A/10 arising out of FIR No. 302/10 at Police Station Govind Puri by which he was held guilty for committing offence punishable under Sec. 20 (b) (ii) (c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'NDPS Act'). By an order dated 17.08.2013, he was sentenced to undergo Rigorous Imprisonment for ten years with fine Rs. 1,00,000.00; default sentence being Simple Imprisonment for three months.

(2.) Briefly stated, the prosecution case in nutshell, was that on 05.09.2010 at around 04.45 P.M an information was received by SI Balbir Singh, while he was on patrolling duty along with HC Ram Kishore and Ct. Ramkesh. It was intimated that an individual involved in supply of Charas would be coming from the side of petrol pump, Baba Fateh Singh Marg would go towards slum quarters DDA, Kalkaji. The information was reduced in writing vide DD No. 17A. The information was communicated by SI Balbir Singh to his senior officers and he was directed to conduct the raid. SI Balbir Singh constituted a raid team and reached the spot at about 04.15 P.M. Some public persons were requested to join the proceedings but they declined. At 4:45 P.M, the appellant was seen coming from the side of Maa Anandmai Marg. On the pointing out of the secret informer, the appellant was apprehended and was informed of his legal right. Notice (Ex.PW-2/D) under Sec. 50 NDPS Act served upon him. The appellant was carrying a black colour cloth bag on his left shoulder. Upon search, he was found in possession of 4 kgs of charas without licence or permit. Two samples of 100 grams each were taken out. FSL form and seizure memo was prepared. Rukka (Ex.PW-4/A) was prepared and FIR was lodged. Subsequent investigation was taken over by PW-8 (ASI Hari Ram). The appellant was arrested. Statements of the witnesses conversant with the facts were recorded. Exhibits collected during investigation were sent to Forensic Science Laboratory for examination. Upon completion of investigation, a charge-sheet was filed for commission of offence under Sec. 20 of NDPS Act. In order to establish its case, the prosecution examined nine witnesses. In 313 Crimial P.C. statement, the appellant denied his involvement in the crime and pleaded false implication. The trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred.

(3.) I have heard the learned counsel for the parties and have examined the file.