(1.) The present appeal is directed against the Judgment of Shri O.P. Dwivedi, Addl. Sessions Judge, Delhi, dated 13.12.86 whereby Shri Ram Kumar, the present appellant, was held guilty of an offence punishable u/s 21 of the N.D.P.S. Act and sentenced to under go R.I. for a period of 10 years and also to pay a fine of Rs. 1lakh. In default of payment of fine, the accused-convict was further directed to undergo R.I. for a period of 2 years.
(2.) The facts leading to the apprehension of the accused in brief are that on 18.5.86, Sub-Inspector Krishan Kumar, Incharge Police Post Shakurbasti, alongwith constables Ranbir Singh and Gurmail Singh, while on patrol duty, were present at Raja Park, Delhi. At about 2 P.M., the Subinspector received a secret information that one person having smack in his possession will come from the side of Britania factory and would go towards fodder shop situated near the Park. Immediately on receipt of this information, the S.I. organised a raiding party consisting of himself and the Police officials. He also joined one public man Shri Sat Parkash in the raiding party. They took positions near the park. At about 3.20 P.M., the accused was seen coming from the side of Britania factory. The accused was then carrrying a bag in his left hand. On the pointing of the informer, the accused was accosted. The S.I. Krishan Kumar then asked the accused if he wanted to be searched in the presence of a Gazetted officer as he was suspected of being in possession of smack. The accused agreed. He was then taken to Police Station Saraswati Vibar where in a room both the SHO and ACP were sitting.
(3.) Krishan Kumar then narrated the facts to ACP and on his directions, the accused was searched. On checking, some smack was found in the plastic bag. On weighing, it turned out to be 200 grams. 10 grams was taken out as sample. The sample and the remaining smack were kept in separate packets duly sealed with the seal of the SHO and taken into possession. The S.I. then prepared. The Ruqua and gave it to the Duty Officer, on the basis of which F.I.R. No. 132/86 under Sec. 21 of the N.D.P.S. Act was recorded. During the course of investigation, the sample was sent to the office of the C.F.S.L. Its report revealed that the sample gave positive test for heroin. The S.I. after completing the investigation, prepared the challan under Sec. 17/21 of the N.D.P.S. Act and filed the same in the Court.