(1.) This appeal is directed against the judgment and the order dated 31.7.1995 passed by the Additional Sessions Judge, Delhi in S.C. No. 536/1993 convicting the appellant under section 20 of the N.D.P.S. Act (for short the Act) and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac or in default to suffer further rigorous imprisonment for one year.
(2.) Briefly stated, the prosecution case is that on 28.12.1992, at about 11 p.m., a police party led by S.I. Rajendra Singh Adhikari (Public Witness -7), upon information received, apprehended the appellant at Sehyog Vihar near Matiala Village. The appellant was given the option (Ex. Public Witness 4/B) of being searched before a Gazetted Officer or a Magistrate. He declined the offer. Thereupon, S.I. Rajendra Singh Adhikari (Public Witness -7) took his search and recovered 2 Kgs. of Charas vide seizure memo (Ex. Public Witness -4/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 ASJ, on an assessment of the evidence of the prosecution witnesses Head Constable Nafe Singh (Public Witness -2), Constable Suresh Kumar (Public Witness -3), Chandra Bhan (Public Witness -4), Chemical Examiner S.C. Johri (Public Witness -5), InspectorSurjit Lal Birdi (Public Witness -6), S.I. Rajendra Singh Adhikari (Public Witness -7) and Head Constable Dharam Pal (Public Witness -8), accepted the prosecution case and convicted and sentenced the appellant as indicated above.