SUDERSHAN Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 18th July, 2001 convicting the appellant finding him guilty under Sec. 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act, 1985) and order on sentence dated 18th July, 2001 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. 21 of the NDPS Act, in default of payment of fine, convict was ordered to undergo simple imprisonment for three 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 15th Jan., 1999 at about 07.00 p.m., apprehended the appellant near Chowdhary Sweet Corner, Indira Chowk, New Pusa Road, Delhi Notice under Sec. 50 of the NDPS Act, 1985 was served to which the accused refused to exercise the said option and his refusal was recorded in writing. The accused also refused to the offer of personal search of the investigating officer. On conducting out a search, 100 gram of contraband i.e. smack was recovered from the possession of the accused. Out of 100 gram smack recovered, 10 gram was kept aside as sample and converted into a parcel with the help of cloth while rest of the smack with momi packet and rubber band was converted into another parcel with the help of cloth. It appears from the record that the case property was seized vide seizure memo Exh.PWs 3/B & 3/C; CFSL form was filled in and sealed; rukka was prepared; FIR No.3/99 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 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 thirteen prosecution witnesses namely PW 1 HC Bhagwat Dayal; PW 2 HC Vijay Pal Singh; PW 3 HC Bharat Singh; PW 4 SI Prem Chand; PW 5 Dr.R.M. Tripathi; PW 6 SI Phool Chand; PW 7 Inspt.Mahesh Chand Sharma; PW 9 SI Satbir Singh; PW 10 Const.Gajender Singh; PW 11 HC Roshan Lal; PW 12 Dasrath Singh & PW 13 HC Yashpal. The statement of the accused Sudershan was recorded under Sec. 313 of the Cr.P.C.