- (1.) The present appeal is directed against the judgment of conviction and order of sentence dated 11.8.2009 passed by the High Court of Delhi in Criminal Appeal No. 382 of 2007 whereby it has affirmed the conviction and sentence passed by the learned Additional Sessions Judge convicting the appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lakh and, in default of payment of fine, to further undergo simple imprisonment for six months.
(2.) The expose' of prosecution case is that on 10.7.2005, about 7.00 p.m., the accused-appellant was sitting on two plastic bags near the outer gate of ISBT, Kashmere Gate, and at that time, when questioned by Constable Raj Singh, he could not give satisfactory answer, then in presence of ASI Jagdish Chander the bags were seized, opened and it was found that those bags contained poppy straw powder packed in 36 packets of polythene weighing 72 Kgs. A sample of one kg. was taken and sent to Forensic Science Laboratory. Thereafter, after completing the necessary formalities, the prosecution laid the charge-sheet before the learned trial Judge.
(3.) The accused abjured his guilt and claimed to be tried. The prosecution in order to bring home the charge examined number of witnesses and got documents exhibited. The defence chose not to adduce any evidence.;