MEWA RAM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgement and order passed by the Additional Sessionas Judge, Shahdara in Sessions Case No. 288/99 convicting the appellant under Section 18 of the NDPS Act and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lakh or in default to underto further rigorous imprisonment for a further period of two years.

(2.) Briefly stated, the prosecution case is that on 29.6.1988 at about 6 P.M., a police party led by ASI Mange Ram, upon information received, apprehended the accused near D.D.A. Park. The accused was having a bag in his hand. He was given the option of being searched by ASI Mange Ram before a Gazetted Officer or Magistrate. The accused declined the officer. He was then searched in the presence of panch witnesses Sukhbir and H.C. Vikram Singh and the bag he was carrying was found to contain opium weighting 1.50 kgs. He was charged with an offence punishable under Section 18 of the N.D.P.S. Act (for short `the Act').

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