RAMESH PRAKASH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10.8.1993 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 500/93 convicting the appellant under Section 18 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 two years.

(2.) Briefly stated, the prosecution case is that on 10.6.1990, a police party, led by Sub-Inspector Brijendra (Public Witness -8), upon information received, apprehended the appellant at Khas Road. The appellant was found holding a bag in his hand. He was given the option (Ex.PW-5/A) of being searched by Sub-Inspector Brijender (Public Witness -8) before a Gazetted Officer or a Magistrate. The appellant declined the offer. He was then searched in the presence of the Vijay Kumar (Public Witness -5), Inspector O.P. Sharma (Public Witness -6) and SI Sehdev Singh (Public Witness -7) and the bag he was carrying was found to contain 1.200 Kilograms of opium. The appellant was charged with an offence punishable under Section 18 of the Act and tried.

(3.) The appellant abjured his guilt and alleged that a false case has been foisted on him. The evidence of the prosecution was accepted and the appellant was convicted and sentenced as indicated above. The point for determination in this appeal is whether on 10.6.90, the contraband opium was recovered from the appellant's possession in accordance with the provisions of Section 50 of the Act. It is significant to mention that keeping in view the severity of the punishment provided under the Act, Courts dealing with the offences under the Act should be very careful to see that it is established to their satisfaction that the contraband was recovered from the possession of an accused in accordance with the provisions of Section 50 of the Act.