SURINDER SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The appellant has been convicted under Section 15 of the N.D.P.S. Act (for short 'the Act') by Shri Kuldip Singh, Additional Sessions Judge, vide his order dated January 19, 1993. By a subsequent order dated January 20,1993 the petitioner has been sentenced to undergo ten years rigorous imprisonment and has been directed to pay a fine of Rs. l,00,000.00 .

(2.) On December 9, 1989 at about 4.35 p.m. the appellant was intercepted at the S.B.T. by the Investigating Officer SI Ram Sewak (Public Witness -5), ASI 0m Prakash and Constables Raj Pal and Rameshwar. On the search of the petitioner he was found in possession of 30 kgs. of poppy powder.

(3.) This appeal raises a short point. The question to be determined is whether the petitioner was given notice under Section 50 of the Act before his search was effected by the Investigating Officer. The learned Additional Sessions Judge has held that the prosecution was able to prove that a notice under Section 50 of the Act was given to the appellant.