RAM MURTHI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 11.10.2006 and the order on sentence dated 13.10.2006 passed in Sessions Case No.215/2001 arising out of FIR No.370/2005 registered at P.S. Kashmere Gate, convicting the appellant under Section 15 of the NDPS Act and sentencing him to undergo R.I. for 10 years and to pay a fine of Rs.1,00,000/- (Rupees One Lakh) and in default to further undergo SI for six months.

(2.) Briefly stating, it is the case of the prosecution that on 10.07.2005 at about 7 p.m. the appellant was sitting on two plastic bags (kattas) near the Out Gate ISBT, Kashmere Gate and at that time due to suspicion on his conduct he was apprehended by Constable Raj Singh. Later on, when inquiry was made about the contents of two plastic bags on which he was sitting, he could not give any satisfactory answer and therefore, the bags were checked which were found to be containing brown colour Poppy Straw powder. On this the local police was informed and ASI Jagdish Chander came on the spot, who after complying with all necessary formalities weighed both bags and found each bag containing 36 packets of polythene. Each of the 72 packets of polythene were containing Poppy Straw powder. The weight of each of packet was 1 kg and thus, 72 kgs of Poppy Straw powder was seized out of the two bags on which the appellant was found sitting at the relevant time. Samples of 1 kg each were also taken out from both the bags which were then sent to FSL after complying with all the formalities. A rukka was also prepared which is the basis of registration of FIR. The articles seized were also taken into possession and deposited in the Malkhana. Thereafter, an FIR was registered in connection with this case and the investigation was handed over to ASI Jagdish Kumar.

(3.) It is also the case of the prosecution that the appellant was arrested, his personal search was conducted and arrest memo was also prepared. He also made a disclosure statement about his involvement in this case which was recorded as Ex.PW5/H. After completion of the investigation, challan was filed before the ASJ. The learned ASJ framed charges to which the appellant pleaded not guilty. After the prosecution led its evidence, the statement of the appellant was recorded under Section 313 Cr.P.C. The appellant has not led any defence evidence. Ultimately, the appellant was convicted and sentenced as aforesaid.