LAWS(DLH)-2018-7-197

SARWAN KUMAR Vs. STATE

Decided On July 10, 2018
SARWAN KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 19th March, 2016 passed by the learned Special Judge, NDPS whereby appellant was convicted for the offence punishable under Section 20(c) of Narcotics Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). Vide order on sentence dated 29th March, 2016, he was sentenced to undergo rigorous imprisonment for a period of fifteen years and to pay a fine of Rs. 1, 00, 000/- and in default of payment of fine, to further undergo simple imprisonment for one year for the offence punishable under Section 20(c) of NDPS Act.

(2.) Assailing the conviction, learned counsel for the appellant submits that there is non-compliance of Section 42 NDPS Act and its proviso and no information in writing giving the grounds of belief that a search warrant cannot be taken was complied with. Reliance is placed upon the decisions of Supreme Court reported as Chhunna alias Mehtab v. State of M.P., (2002) 9 SCC 363 and State of Rajasthan v. Chhagan Lal.

(3.) Per contra, learned APP for the State submits that the impugned judgment and the order on sentence suffer from no illegality.