(1.) This Larger Bench has been constituted for considering the following question which as per the order made on 30th January 2003 by the Division Bench was required to be considered by a Larger Bench in view of the conflicting decisions of two Division Benches of this Court :
(2.) The appellant has been convicted for the offences under Sections 21 and 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 by the Additional City Sessions Judge, Court No.15 in Sessions Case No. 92 of 1996 and has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.1 lakh, in default of which, to undergo further imprisonment of one year.
(3.) The appellant was caught while fleeing by the raiding party on 10th December 1995 when he was suspected of the offences under the Act on a secret information received by the police inspector. When asked as to whether he required that he be searched in presence of the Magistrate, the appellant refused the offer and was thereupon searched by the police inspector, during which contraband articles, namely, 139 packets of brown sugar (weighing 7.5 gms.), were recovered and seized in presence of the panchas. He was charged for the offences under Section 21 and 22 of the said Act and also under Section 66(1)(b) of the Bombay Prohibition Act and at the end of the trial, was convicted and sentenced for these offences.