M.d.Mumtaz Khan, J. - (1.) This appeal is directed against the judgment and order of conviction dated December, 14, 2010 and sentence dated December, 5, 2010 thereby convicting the appellant for commission of offence punishable under Section 20(c) read with Section 17 (c) of the Narcotic Drugs and psychotropic Substance Act (hereinafter referred to as NDPS Act) and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine or Rs. 1 lakh in default to suffer further rigorous imprisonment for one year. The period of detention undergone was directed to be set off under Section 428 of the Criminal Procedure Code
(2.) The prosecution case, in brief, is that on March 12, 2009 at 16.05 hours one secret source information was received by that huge quantity of opium would be dispatched at the bus stand of Panchra More on March 13, 2009 in between 17.15 hours and 18.30 hours by the appellant. Accordingly, on March 13, 2009 at 08.00 hours along with force went there. At about 17.45 hours they noticed the appellant coming from the local village carrying one yellow plastic bag. On being identified by the source, they surrounded the appellant at Panchra More and two passers by namely and were called. then informed the appellant as to whether he intends to be searched by any Magistrate or Gazetted Officer and tried to contact local BDO or any Gazetted Officer but failed. , then himself searched the appellant and during search he found one yellow colour nylon bag in the right hand of the appellant containing 13 kg. of opium and one mobile phone. then seized those articles in presence of the appellant and the witnesses, took samples of 50 gms. each in two separate envelops and thereafter packed, sealed and labeled the same in presence of witnesses and arrested the appellant and lodged the compliant.
(3.) On the basis of above complaint a Khayrasole P.S. Case No. 12 of 09 dated March 13, 2009 was started against the appellant under Section 17(c)/18(b) of the NDPS Act and the case was endorsed to for investigation who thereafter of completion of investigation submitted charge sheet against the appellant on May 22, 2009 under Section 17(c)/18(b) of the NDPS Act.;