ASHOK Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 16.1.1993 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 911/91 convicting the appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for the 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 simple imprisonment for six months.

(2.) Briefly stated, the prosecution case is that on 9.8.1990, a police party led by ASI Raghbir Singh (Public Witness -7), upon information received, apprehended the appellant near railway crossing. He was given the option of being searched by ASI Raghbir Singh (Public Witness -7) before a Gazetted Officer or a Magistrate. The appellant declined the offer. In the meanwhile, ACP Vijay Malik (Public Witness 9), upon information received, also came on the spot and directed search of the appellant. He was then searched by the ASI Raghbir Singh (Public Witness 7), as a result whereof 20 grams of Charas was recovered from his possession vide Seizure Memo (Ex. Public Witness 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. The 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.