BALBAN SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 9th September 2005 passed by the learned Additional Sessions Judge ("asj") (Special Court), NDPS, delhi convicting the Appellant under Section 20 of the Narcotics Drugs and psychotropic Substances Act 1985 ("ndps Act") and an order dated 16th September 2005 sentencing him to undergo rigorous imprisonment (RI) for a period of ten years and to pay a fine of Rs. 1 lakh and in default of payment of fine to further undergo six months" RI.

(2.) THE case of the prosecution is that on 22nd July 2002 at around 6. 45 pm SI Lal Sahib (PW-2) along with Head Constable Ayaj Khan (PW-4) and Constable mohinder Singh (PW-5) were patrolling the Old Delhi railway station. On Platform no. 18 near the parcel godown, they noticed the Appellant coming from the side of main hall carrying a black colour iron box on his head. It is stated that on seeing the police the appellant tried to slip away but he was stopped and interrogated. On enquiry he revealed his name and in the meantime Ramesh Chand (PW-6), a coolie working on the platform, reached the spot. It is further stated that in the presence of PW-6 Ramesh Chand, the iron box was taken down from the head of the Appellant, the lock of the iron box was opened by its key and the box was found to be filled with ganja.

(3.) IT is stated that the SI gave the appellant a notice under Section 50 ndps Act but the Appellant declined the offer of a search before either a magistrate or a gazetted officer. He also declined a search of the SI. It is further stated that the ganja recovered from the iron box weighed around 35 kg. Of this, 1 kg was separated as a sample.