BABU Vs. STATE

JUDGEMENT

(1.) (Oral)

(2.) THIS appeal arises out of an order of conviction filed by Additional Sessions Judge dated 14/11/1992 convicting the appellant for an offence punishable under Section 21 of the NDPS Act, 1985 and sentencing him to undergo rigourous imprisonment for ten years and to pay a fine of Rs.1 lakh. Ms.Vohara, amicus curiae has contended that in the Malkhana Register it has not been recorded that the CFSL form was deposited with the Moharrer. She has further contended that although the prosecution led the evidence that it was the SHO who deposited the case property with the Moharrer, Malkhana, whereas in the register, Malkhana, it was S.I. Ram Chander who deposited the case property. She has contended that Public Witness 5 Head Constable Khazan Singh in the examination-in-chief, has stated that he had deposited the CFSL form and SHO deposited the case property, however, in the cross-examination he himself has admitted that it is not recorded in the register, Malkhana that CFSL Form has been deposited. As a matter of fact, S.I. Ram Chander in his own deposition has stated that the case property was deposited by the SHO, which completely falsify the deposition in view of the entry recorded by Moharrer, Malkhana that the case property was deposited by SI, Ram Chander.