GOPAL Vs. STATE OF DELHI

JUDGEMENT

(1.) APPELLANT-GOPAL has been convicted under Section 20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (herein after referred to as NDPS Act) for illegal possession of 1 kg and 600 gms of CHARAS and he has been sentenced to rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac (Rupees one lac) and in default thereof, to undergo rigorous imprisonment for six months by the Additional Sessions Judge, Shahdara, Delhi, vide impugned judgment dated 13th July 2000 and order and 15th July 2000.

(2.) THE factual backdrop of this case, which needs to be noticed for disposal of this appeal, is as follows:-On 17th October 1999, at about 9 AM, a routine checking of the buses etc. for prevention of pick pocketing was being done at Wazirabad Road Bus Stand in front of Sant Nirankari Ashram, Delhi, by the police team comprising of inspector S. N. Pandey, Sub Inspector Devinder Singh, Sub Inspector Lakhan Singh and others. Appellant was caught while he was coming from the side of Brijpuri road and he was having something wrapped in a cloth under his right armpit and on seeing the police party, he turned back and on suspicion he was apprehended and searched and from the cloth bag (Potli), which was kept under his armpit, some substance in the form of sticks (batties) was recovered and it was suspected to be a narcotic substance. Before taking the search of the Appellant, sub Inspector Devinder Singh asked four or five persons around to join the search proceedings but they declined. The recovered substance was weighed and was found to be weighing 1 KG and 600 gms and out of it, 100 gms was taken out as a sample and was seized and sealed into a parcel and after completing the spot proceedings, FIR in this case was registered. Appellant was arrested, case property was deposited and the sample was sent for chemical analysis to the laboratory and after it has tested positive for charas, charge sheet for violation of Section 20 of the NDPS Act was filed. Trial commenced. Appellant pleaded not guilty. During the trial, ten witnesses were got examined and Appellant made a statement under Section 313 of cr. P. C. before the trial court alleging false implication and being lifted from his house, but did not lead any evidence in his defence. After the trial, appellant has been convicted and sentenced as reflected in the opening paragraph of this judgment.

(3.) BOTH the sides have been heard and with their assistance, the evidence on record has been scrutinised. Judgments reported in (2007) DLT (Crl.) 481; (2004)3 SCC 609; (2001) 9 SCC 571; (2007) 6 SCC 410; Crl. Appeal No. 460/05 Mohd. Irfan vs. State decided by this court on 14. 12. 2007; Crl. A. No. 952/05 Gurdev Singh vs. State of NCT of Delhi decided on 7. 3. 2008; Crl. A. No. 391/03 Mohd. Altaf Vs. State of NCT of Delhi decided on 30. 11. 2007; Crl. A. No. 690/00 Jawahar Vs. State decided on 23. 3. 2007; Crl. A. No. 113/1994 Hori Lal Vs. State of NCT decided on 10. 3. 1995; 1994 (4) RCR Crl. 152; 1998 (2) RCR Crl. 175 and 1996 Crl. Law Journal 4355, relied upon, have been perused.