- (1.) Appellant Nikku Khan @ Mohammadeen, who has been convicted by both the courts below for the offence punishable under Section 21 of the Narcotic Drugs and Phychotropic Substance Act, 1985 (hereinafter referred to as the "Act") and sentenced to undergo rigorous imprisonment for twelve years and to pay a fine of Rs. one lakh, in default of payment of fine to further undergo rigorous imprisonment for two years, is before us in this appeal.
(2.) The prosecution case, in brief, is that on 1.6.2003 at 12.30 p.m., ASI Gopi Chand along with other police officials was on patrol duty at Nohar road, Ellenabad when he received a secret information that the accused-appellant, who was indulged in a trade of smack, was likely to arrive in a Maruti Car and narcotic could be recovered from him. On receipt of this information, ASI, Gopi Chand issued notice under Section 41 of the Act and sent the same to the Deputy Superintendent of Police, Ellenabad. Thereafter, he held a picket at Nohar Road. When the accused arrived in Maruti Case bearing No. DAJ 4223 he was stopped and after serving a notice under Section 50 of the Act, he was searched in presence of Deputy Superintendent of Police, Ellenabad and heroin weighing 740 grams was recovered from his person.
(3.) After completion of investigation the accused was sent for trial and both the trial court as well as the High Court have held that the accused was found in possession of 740 grams of heroin.;