GIRI FAJ Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order of sentence dated 13.1.1993 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 594/91 convicting the appellant under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (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 six months.

(2.) Briefly stated, the prosecution case is that on 6.10.1990, a police party led by Sub-Inspector Babu Lal (Public Witness -7), upon information received, apprehended the appellant near the DDA Flats in Paschim Vihar. He was given the option of being searched before a Gazetted Officer or a Magistrate. The appellant declined the offer. He was then searched by Sub-Inspector Babu Lal (Public Witness -7) in the presence of Inspector Ramesh Kapoor (Public Witness -4), ACP Ajay Kumar (Public Witness -5) and Kishan Lal (Public Witness -6), as a result whereof five and a half grams of smack was recovered from his possession vide seizure memo Ex.PW-4/A. The appellant was charged with an offence punishable under Section 21 of the Act and tried.

(3.) The learned Additional Sessions Judge, on an assessment of evidence adduced by the prosecution, accepted the prosecution case and convicted and sentenced the appellant as indicated above.