MATLOOB Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This appeal was accepted by me on the day the arguments were concluded and the appellant was acquitted on April 23, 1997 by a short judgment stating therein that the detailed reasons will be given latter. The said detailed reasons are furnished in this judgment: The appellant Matloob was arrested by Police Station, Jama Masjid, Delhi in case FIR No. 191/92 under Section 20 of the Narcotic Durgs and Psychotropic Substances Act, 1985 (in brief, the NDPS Act), on the allegations that on September 7,1992 at about 7.10 p.m. at Service Road, Gate Mazar Shiekh Kalim Ullah, within the jurisdiction of P.S. Jama Masjid, he was found in possession of 3. 750 kgs. of Charas without any licence. After completion of investigation and receipt of the CFSL report the appellant was sent up for trial, charged under Section 20 of the NDPS Art, tried and convicted of sentence, also dated May 2, 1995 to undergo rigorous imprisonment for 12 years and to pay fine of Rs. 1.5 lakhs, in default of payment of fine, the appellant was further sentenced to undergo rigorous imprisonment for a period of two years. The conviction and sentence had both been recorded by Mr. B.L. Garg. Additional Sessions Judge, Delhi.

(2.) The appellant preferred this appeal from jail Since he was- undefended in the appeal, the Court appointed Mr. P.R. Thakur, Advocate as the Amicus Curiae.

(3.) I have heard Mr. P-R. Thakur, Advocate for the appellant and Ms. Neelam Grover, Advocate for the State. Learned Counsel for the appellant raised many pleas,made many submisions both on law and fact sout of what the most important two are as under :