PRADEEP KUMAR Vs. STATE

JUDGEMENT

(1.) Pradeep Kumar is aggrieved by the judgment of conviction and the order of sentence passed against him by the learned Additional Sessions Judge under Section 20 of the Narcotic Drugs & Psychotropic Substances Act.

(2.) The prosecution alleges that on 31st of March, 1993, consequent upon a secret information, a raiding party was formed, the appellant was nabbed, a notice under Section 50 of the Act was given and thereafter 25 grams of Charas was recovered from his possession out of which sample weighing 5 grams was taken out. The sample so taken and the remaining Charas were thereafter put in separate parcels and sealed, first with the seal of the Investigating Officer and thereafter with the seal of the Station House Officer.

(3.) The learned Counsel for the appellant has assailed the finding of the learned Additional Sessions Judge on a number of grounds. His first contention is that no notice under Section 50 of the Act was given and that in any case the notice alleged to have been reduced in to writing (Ext. Public Witness PW3/8) seems to have been fabricated later on with additions made therein. The second ground of attack is that the C.F.S.L. Form was neither deposited with the Moharir Malkhana nor was sent to the C.S.F.L. Thirdly, he argues, that no intimation in writing was sent within 48 hours of the arrest and seizure as mandated by Section 47 of the Act. Lastly, he points out that the entire version put forth by the prosecution deserves to be rejected as no effort was made by the Investigating Officer to join any witness from the public.