ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20.2.1992 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 6/91 convicting the appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lac or in default to suffer further rigorous imprisonment for one year.

(2.) Briefly stated, the prosecution case is that on 6.7.1990 at about 5.15 P.M., a police party led by Sub-Inspector Dalal Singh (Public Witness -3), upon information received, apprehended the appellant near the bus stand. The appellant was given the option of being searched before a Gazetted Officer or a Magistrate. He declined the offer. Thereupon Sub-Inspector Dalal Singh (Public Witness -3) took his search and recovered twenty five grams of charas vide seizure memo (Ex.PW-3/A). The appellant was charged with an offence punishable under Section 20 of the Act and tried.

(3.) The appellant abjured his guilt and alleged that a false case has been foisted on him. Learned Additional Sessions Judge, on an assessment of the evidence adduced by the prosecution, accepted the prosecution case and convicted and sentenced the appellant as indicated above.